General
Allen v. The City of Buffalo
38 N.Y. 280·New York Court of Appeals·1868·NY
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Opinion
Allen v. The City of Buffalo.
Joinder of parties. Demurrer. An improper joinder of parties is not a subject of demurrer.
[MAJORITY]
This case should be decided in the same way.. The fact of there being several plaintiffs will not affect the case. That is a question of form, which, not having been taken at any previous stage of the action, so far as the case shows, cannot be raised here. Besides, an improper joinder of parties plaintiff is not a subject of demurrer. (Code, § 144.)