Mayo v. Madden

         JUDGES: Mr. J. Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.

         OPINION

          HEYDENFELDT, Judge

         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.