Mayo v. Madden

California Supreme Court
Mayo v. Madden, 4 Cal. 28 (Cal. 1854)
Heydeneeldt, Murray

Mayo v. Madden

Opinion of the Court

*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.

Reference

Full Case Name
MAYO v. JOHN F. MADDEN
Cited By
3 cases
Status
Published