54 Iowa 589 | Iowa | 1880
The instruction asked by defendants should have been given, or the motion in arrest of judgment should have been sustained. That there was a misjoinder can admit of no question. The case is squarely within the rule laid down in Cogswell v. Murphy et al., 46 Iowa, 44; and see Bort and Baldwin v. Yaw, Id., 323. The judgments must be reversed and the cause remanded for a new trial.
Reversed.