Brown v. Rice

51 Cal. 489 | Cal. | 1876

By the Court:

1. We are of opinion that the defendant must be considered to have been a “toll gatherer” within the intent of the statute, and that the complaint in this respect stated a cause of action against him.

2. But we also think that the several causes of action found in the complaint, though separately stated, were improperly united. (Code Civil Procedure, Sec. 427.)

Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.