6 Cal. 456 | Cal. | 1856
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
The District Court erred in overruling the demurrer to the amended complaint on the ground of non-joinder of a party plaintiff. The complaint shows upon its face that the wrong complained of was an injury to the joint property of the plaintiffs and one Usher, who they allege had sold his interest to them. But a chose in action arising out of a tort is not assignable, and therefore Usher was a necessary party plaintiff.
The language of § 4 of the Practice Act, as amended by the Act of
Judgment reversed and cause remanded.