McNeady v. Hyde

California Supreme Court
McNeady v. Hyde, 47 Cal. 481 (Cal. 1874)
Crockett

McNeady v. Hyde

Opinion of the Court

By the Court, Crockett, J.:

At the trial in the Court below, the defendants moved, on the face of the complaint, to dismiss the action for want of jurisdiction. But the motion was properly denied. The complaint in ejectment was in the usual form, and was complete in itself. That portion of it contained no reference to the proceedings in bankruptcy; and under its averments, the plaintiff might have put in evidence a title and right of possession, having no relation whatever to the bankruptcy proceedings. If it be admitted that the Court had no jurisdiction to grant the injunction on the grounds set forth as the foundation for equitable relief, that may have afforded a sufficient reason for denying the application, but would not have justified a dismissal of the action at law, which, on its face, did not purport to have any connection whatever with the proceedings in bankruptcy.

Nor is there any force in the suggestion that the plaintiff was not entitled to recover in the action at law, because it appeared on the face of that portion of the complaint which was addressed to the equity side of the Court, that the plaintiff had already recovered a judgment of restitution against the bankrupt. The evidence is not before us; and it may be that the plaintiff recovered on a title or right of possession wholly foreign to the proceedings in bankruptcy.

We see no error in the record.

Judgment affirmed; remittitur forthwith.

Reference

Full Case Name
HUGH McNEADY v. HENRY C. HYDE and SAMUEL ADAMS
Cited By
1 case
Status
Published
Syllabus
Complaint in Ejectment and fob Belief in Equity.—If a complaint states a cause of action in ejectment, and as ground for relief in equity, contains a separate statement of facts upon which an injunction is asked, restraining the defendants from working or selling the property, the action should not be dismissed, because the allegations for relief in equity show that the Court has no jurisdiction to grant such relief. Idem.—The fact that the Court has no jurisdiction to grant the equitable relief, would be a reason for denying it on the trial, but the plaintiff might still recover in ejectment, on evidence having no relation to the facts averred for relief in equity.