125 P. 760 | Cal. Ct. App. | 1912
The first cause of action is one for malicious prosecution; that is to say, the matters alleged approach more nearly a statement of a cause of action of that character than of any other. In substance, it is alleged that certain of defendants conspired together to charge and prosecute plaintiff for a public offense of which he alleges he is innocent. He was, however, bound over by the magistrate, tried by a jury and convicted, which judgment was subsequently reversed by this court. A second cause of action is attempted to be stated under section
We see no error in the action of the trial court. The misjoinder of causes of action, as well as of parties defendant, is apparent, and the ambiguities and uncertainties pointed out by the demurrers are obvious. Aside from this, no cause of *255 action was stated, or attempted to be stated, against a large number of demurring defendants.
Judgment affirmed.
James, J., and Shaw, J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on August 13, 1912.