Thelin

The plaintiff seeks to recover damages from the defendants for injuries sustained by him from their wrongful acts. The complaint is in two counts, each of which is stated to be “ a separate cause of action” against the defendants. For each of these separate causes of action the plaintiff alleges that he sustained damage in the sum of two thousand five hundred dollars, and asks judgment for their aggregate, amounting to five thousand dollars. The defendants demurred to the complaint, upon the ground that the several causes of action were improperly united therein. The court overruled their demurrer, and thereafter they answered, and upon the trial of the cause judgment was rendered against them for the sum of six hundred and fifty dollars. From this judgment they have appealed upon the judgment-roll alone, upon the ground that their demurrer was improperly overruled.

Section 427 of the Code of Civil Procedure authorizes the plaintiff to unite in the same complaint several causes of action, where they all arise out of ... . 6. Injuries to persons; 7. Injuries to property; but the same section also declares that “the causes of action so united must all belong to only one of these…