2 Posey 735 | Tex. Comm'n App. | 1881
Opinion.— The demurrers to appellant’s petition sustained by the court presented several objections to the same as amended, the principal ground being that of misjoinder of defendants and causes of action, or, as it is termed in equity pleading, multifariousness.
The appellant joined in his petition a claim for damages against five defendants, growing out of an alleged assault and battery and false, imprisonment, and a claim against one of the five alone for mon'éy had and received. In the case of Clegg v. Varnell, 18 Tex., 304, it was said, “ the rule against multiplicity of suits has peculiar force in our system of procedure. Within reasonable limits it is the cardinal principle as to the joinder of parties and causes of action.”
Defendants, however, should not be put to inconvenience, expense and delay in litigating matters in which they have no interest. See Frost v. Frost, 45 Tex., 341; Story on Equity Pleading, sec. 539. The court, in the case of Clegg v.
Aeeirmed.