Mayo v. Madden

California Supreme Court

Mayo v. Madden

4 Cal. 28

CourtCalifornia Supreme Court

DecidedJanuary 15, 1854

StatusPublished

Cited by3 cases

This text of 4 Cal. 28 (Mayo v. Madden) 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

Mayo v. Madden, 4 Cal. 28 (Cal. 1854).

Pincite

Opinion

*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.

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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.

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Bluebook (online)

4 Cal. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayo-v-madden-cal-1854.

Opinion

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