Pavisich v. Bean
Before: McKinstry
Synopsis
Non-joinder of Parties Defendant.—When there is anon-joinder of parties defendant, and the defect does not appear on the face of the complaint, the objection must be taken by answer or it is waived. It cannot be taken by a motion for a nonsuit. ■
Oomedaint fob Work and Labor.—An allegation in a complaint, that the defendant was, on a day named, indebted to the plaintiff in a certain sum of money for woijk and labor before that time performed for him at his request, states of a cause of action.
By the Court, McKinstry, J.: The answer was a general denial. There was no plea of non-joinder of parties defendant, and the motion for non-suit was properly denied.
The third and fourth counts in the plaintiff’s complaint state a cause of action. (Wilkins v. Stidger, 22 Cal. 231; Abadie v. Carrillo, 32 Id. 172; Merritt v. Glidden, 39 Id. 564.)
Judgment affirmed.
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