gno.law

Mayo v. Madden

California Supreme Court · · 1854-01-15 · Published · 4 Cal. 28

MAYO v. JOHN F. MADDEN

Area
civil
Panel
Heydeneeldt (author), William J. Murray, Jr.

Analysis

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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.

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