Martin v. Wray (1856) · DecisionDepot

Martin v. Wray

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 19, 1856 No. No. 1095Published

Before: Murray, Terry

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Holding. The court held that a bill for specific performance of a real estate contract involving insolvent defendants is a proper matter for equity, and that a claim of misjoinder of causes of action is waived if not raised by demurrer.

Issues

Whether the plaintiff had an adequate remedy at law precluding equitable relief.
Whether the misjoinder of distinct causes of action was properly preserved for appeal.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“this is peculiarly a chancery case, being a bill for specific performance of a contract relating to real estate and the insolvency of the defendants alleged.”

“The misjoinders of several distinct causes of action. This should have been taken advantage of by demurrer, and if not so taken is deemed waived.”

Synopsis

APPEAL from Third Judicial District, Alameda County.

MURRAY, C. J. — There appears to be but two assignments of error: 1. That the plaintiff: had an adequate remedy at law, and therefore could not resort to equity for relief. In our opinion, this is peculiarly a chancery case, being a bill for specific performance of a contract relating to real estate and the insolvency of the defendants alleged. 2. The misjoinders of several distinct causes of action. This should have been taken advantage of by demurrer, and if not so taken is deemed waived.

Judgment affirmed.

I concur: Terry, J.

Martin v. Wray

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