The decedent was riding with his brother as a guest when a collision with another automobile caused his death. The executrix of his estate sued his brother and the driver of the other car jointly. The defendants were suable jointly for their concurring negligences but a statute authorized the court in its discretion to allow separate trials. Upon an appeal from an order overruling an application by the defendants for separate trials the court held that it was an "intermediate order involving the merits or materially affecting the final decision" and thus directly appealable. Manley v. Paysen, (Iowa 1932) 244 N. W. 863.