Toomey
Toomey v. Knobloch
Opinion
Lead Opinion
Burnett, J.
By the judgment it was determined that certain assessments for street work are void, and the cancellation of the entire record of the warrant, assessment and diagram in the office of the superintendent of streets was adjudged because unauthorized by law.
There are only two reasons urged by appellants for a reversal of the judgment and the order denying the motion for a new trial, neither of which possesses any substantial merit.
The plaintiffs are the owners in severalty of different lots, and the contention is made that they are improperly joined as plaintiffs, and that, therefore, the demurrer to that effect should have been sustained. But the trial court was right in its ruling because the statute expressly authorizes the joinder of plaintiffs in one action to accomplish a common purpose. Section 378 of the Code of Civil Procedure provides that “All persons having an interest in the subject of the action and in obtaining the relief demanded, may be joined as plaintiffs. ’ ’
It is true that it is not always easy to determine “the subject of the action.” Mr. Pomeroy says: “The term does not seem capable of any clear and complete analysis, and the result is that it may denote…