Brown v. Rice

California Supreme Court

Brown v. Rice

51 Cal. 489

CourtCalifornia Supreme Court

DecidedJuly 1, 1876

DocketNo. 5027

StatusPublished

Cited by3 cases

This text of 51 Cal. 489 (Brown v. Rice) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Rice, 51 Cal. 489 (Cal. 1876).

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Opinion

By the Court:

1. We are of opinion that the defendant must be considered to have been a “toll gatherer” within the intent of [491]*491the 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.

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By the Court:

1. We are of opinion that the defendant must be considered to have been a “toll gatherer” within the intent of [491]*491the 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.

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Bluebook (online)

51 Cal. 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-rice-cal-1876.

Opinion

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