Hirshfeld

This appeal presents questions arising upon a judgment-roll not containing a bill of exceptions. There are many defendants in the action, and they filed a joint demurrer claiming that the complaint did not state facts sufficient to constitute a cause of action, and also claiming that there was a misjoinder of parties defendant. The general demurrer being joint, if a cause of action be skated against any of the defendants it was properly overruled. (Azevado v. Orr, 100 Cal. 293 .) The court there said: “So, also, a joint demurrer by all of the defendants must be overruled if the complaint is good against either of them.” It is here conceded that a cause of action is stated against some of the defendants. Again, in speaking of a misjoinder of parties defendant, the court in the above case said: “A complaint is not necessarily defective in which there is united with some defendants another against whom no liability is alleged *15 or recovery sought, and an order overruling a demurrer for misjoinder of parties defendant does not constitute a reversible error if it can be seen that the rights of the parties have not been prejudiced.” We deem it plain that no rights of the defendants…