Cullen

In this appeal, prosecuted by defendant on the judgment-roll, he upon highly technical grounds asks for a reversal of a judgment which, while against him as to Merinda Foster, was, as to the plaintiff Margaret Cullen, in his favor.

The complaint is in two counts, the first alleging that defendant is indebted to plaintiffs in the sum of $1,475 for money had and received by him for their use and benefit, which sum, though demanded of defendant, he refused to pay to plaintiffs. In the second count, the subject of which is the same indebtedness, the transactions and evidentiary facts out of which the indebtedness arose are set out at length. Ap pellant malíes no attack upon the sufficiency of either of these counts in stating a cause of action, but insists that, since it was alleged that defendant was indebted to both plaintiffs, the court could not render judgment for one only. “The rule,” says appellant, “is that where two or more persons join as plaintiffs in an action at law, all must recover or none.” We do not so understand the law. Indeed, section 578 of the Code of Civil Procedure provides: “Judgment may be given for or. against one or more of several plaintiffs, and for or…