Mayo

Mayo v. Madden

Good Law
4 Cal. 28
Supreme Court of CaliforniaJanuary 15, 1854California72 words

Lead Opinion

Heydeneeldt, J.

delivered the opinion of the [28] Court.

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.