Mayo v. Madden
MAYO v. JOHN F. MADDEN
- Area
- civil
- Panel
- Heydeneeldt (author), William J. Murray, Jr.
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydeneeldt
*Mr. J. HeydEneeldt delivered the opinion of the [28] 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.
Cited by
- McFarland v. Pico · 1857-07-01