Avery

This appeal is on the judgment-roll without hill of exceptions. Plaintiff sued as assignee of A. H. Koebig and of A. H. Koebig, Jr. In the first four counts of his complaint he sued the defendant corporation to recover the value of his assignors’ services and for moneys paid out by Koebig, Senior, at the instance and request of the defendant corporation. In the fifth count of his complaint he re-alleged all of the matters going to make up the causes of action against the corporation, and then charged the defendant stockholders with their proportionate shares of liability under the law. Demurrers of certain of the defendants were interposed and overruled. Their answers followed and the court made its findings and gave its judgment in favor of plaintiff against the defendant corporation in the sum of $3,610, and in favor of the plaintiff and against certain stock holders for their proportions of this amount. The corporation and two of its stockholders have appealed.

On appeal it is first contended that the demurrers should have been sustained for misjoinder of causes of action and for misjoinder of parties defendant. Both of these grounds go to the same proposition, namely, that…