Torts · MBE-tested
Arnold v. Maudlin and Another
6 Blackf. 187·Supreme Court of Indiana·1842·IN
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Opinion
Arnold v. Maudlin and Another.
Joinder of Counts.—Counts in trespass quare clausum fregit, and for an assault and battery, may be joined.
ERROR to the Washington Circuit Court.
[MAJORITY — Blackford, J.]
Blackford, J.
This was an action of trespass. Three counts; the first of which is for breaking the close; the second and third for an assault and battery. General demurrer to the declaration, and judgment for the defendants.
The only objection made to the declaration is, that there is a misjoinder of counts. This objection is without foundation. Several trespasses, as assault and battery, false imprisonment, and trespasses upon property either real or personal, may all be joined. Gould on Plead., 212.
O. G. Dunn, for the plaintiff.
J. W. Payne, for the defendants;
Per Curiam.—The judgment is reversed with costs. Cause remanded, &c.