Mayo v. Madden (4 Cal. 28, 1854)

Supreme Court of California 1854-01

Citations

Full opinion text

*Mr. J. HeydEneeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred. In this action there is united a claim for damages, for a personal tort, and a demand properly cognizable in a court of equity. Whatever may be the liberality claimed for our present practice, it certainly cannot be extended to such a misjoinder as this declaration contains. The judgment on demurrer is affirmed, with leave to the plaintiff to amend. Let the cause be remanded.