Stewart

Washington-Alaska Bank v. Stewart

Good Law
108 C.C.A. 273·184 F. 673·3 Alaska Fed. 551·1911 U.S. App. LEXIS 3903
United States Court of Appeals for the Ninth CircuitFebruary 6, 1911No. 1,818California1,488 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above).

Were several causes of action improperly united in the amended complaint? The Code of Alaska (Code Civ.Proc. § 84) provides that the plaintiff may unite several causes of action in the same complaint when they all arise out of:

“First: Contracts express or implied; or

“Second: Injuries with or without force to the person ; or

“Third: Injuries with or without force to property; or

“Fourth: Injuries to character; or

“Fifth: Claims to recover real property with or without damages for the withholding thereof; or

“Sixth: Claims to recover personal property, with or without damages for the withholding thereof; or

“Seventh: Claims against a trustee by virtue of a contract or by operation of law.”

At common law joinder was permitted of all actions requiring the same plea and judgment. The Codes, however, have generally classified the causes of action which may be united in a complaint, and have permitted the joinder of those which fall within certain designated classes. The classification in the Code of Alaska is similar to that of most of the Codes. In view of the common-law rule which existed before the adoption of the Codes, it ought to be…

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