McNeady v. Hyde

Citations

• 47 Cal. 481

Syllabus

<p>Complaint in Ejectment and fob Belief in Equity.—If a complaint states a cause of action in ejectment, and as ground for relief in equity, contains a separate statement of facts upon which an injunction is asked, restraining the defendants from working or selling the property, the action should not be dismissed, because the allegations for relief in equity show that the Court has no jurisdiction to grant such relief.</p> <p>Idem.—The fact that the Court has no jurisdiction to grant the equitable relief, would be a reason for denying it on the trial, but the plaintiff might still recover in ejectment, on evidence having no relation to the facts averred for relief in equity.</p>