Worch v. Kelly ( 1868 )

Me. Justice Olin

delivered the opinion of the Court:

From the foundation of the common law the joinder of two parties as joint debtors, when in fact one of them is not indebted is a fatal misjoinder. In this case the debt was solely that of the husband; consequently the joinder of the wife was fatal to the action.

The judgment of the Court below is affirmed.