In our opinion, Allen was improperly made a party defendant, but this ought not to authorize a reversal of the judgment, under the liberal provisions ©f our statute respecting practice in civil cases. Sections 3570, 3582, 3583. See, also, Wescott v. Bridwell, 40 Mo. 146 ; City, etc., v. Bressler, 56 Mo. 350. We, therefore, modify the judgment by reversing it as to Allen, and affirming it as to Bassett.

Concurring.—I concur in reversing the judgment, but think that the cause should be remanded for a re-trial thereof.