Supreme Court of Minnesota December 28, 1891 (Keigher v. Dowlan)

Mitchell, J.

The point raised in this case is fully covered by ■Gen. St. 1878, c. 66, § 266, to the effect that whenever two or more ■persons are sued as joint defendants, and on the trial the plaintiff fails to prove a joint cause of action against all, but proves a •cause of action against one or more of the defendants, judgment may ,be rendered against him or them against whom- the cause of