Mayo v. Madden
4 Cal. 28 | Cal. | 1854
delivered the opinion of the
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.
