80 Mo. 377 | Mo. | 1883
The petition in this case contains five counts, each of which contains a distinct cause of action and a separate demand for damages. The court seems to have regarded the first four counts as constituting but a single cause of action and indeed but a single count and so instructed the jury. Thus instructed, the jury returned a verdict for the defendant on the first count, and found for
It is further contended that there was a misjoinder of causes of action. If counsel were correct in this assignment of error wc could not notice the point as no such objection was taken either by demurrer or answer. The count on which judgment was rendered is good after verdict and the judgment of the circuit court will be affirmed.