Mayo v. Madden
4 Cal. 28
Cal.
1854
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*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.