Supreme Court of Iowa, 1860

Merritt v. Nihart

Merritt v. Nihart
Supreme Court of Iowa · Decided October 6, 1860 · Lowe
11 Iowa 57

Merritt v. Nihart

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.