Dobbs v. Green

By the Court, Smith, J. The declaration in this case is clearly bad, and the demurrer by the plaintiff below, to the plea of the defendant below, reached [232] kack to the declaration. There is a misjoinder of counts ; one alleging a promise by the intestate, and another alleging a promise by the administratrix, rpjjgge wou}cj require different judgments, therefore cannot be joined. Moody vs. Ewen's Executors, 8 B. Monroe. Nor is the judgment in conformity with the statute: The judgment of the' court below is reversed, with costs.