Merritt v. Nihart

11 Iowa 57

Opinion

Lowe C. J.

The plaintiff sues on two notes and describes them both in the same count, which is the error assigned; the defendant claiming that the two notes constitute two distinct causes of action, which can not be embodied in one count. But with equal propriety the two notes or a half-dozen may be regarded as making up in the aggregate one cause of action. This even under the old practice was not deemed multifarious. See Stadler Bro’s & Co. v. Parmlee & Watts, 10 Iowa 30.

Judgment affirmed.