Thelin v. Stewart

Citations

• 100 Cal. 372
• 34 P. 861
• 1893 Cal. LEXIS 802

Syllabus

<p>Pleading—Misjoinder of Causes of Action—Injuries to Person and Property.—A cause of action for an injury .to the person is improperly united with a separate cause of action for a subsequent injury to his property, and a demurrer thereto, on the ground that several causes are improperly united, should be sustained.</p> <p>Id.—Improper Overruling of Demurrer— Objection Not Waived by Answer.—An objection that two causes of action are improperly united in a complaint, when properly taken by demurrer, is not waived by subsequently answering the complaint and going to trial upon the merits.</p> <p>Id.—Appeal—Presumption of Injury from Error.—A judgment rendered upon a complaint after a demurrer thereto has been improperly overruled must be reversed upon appeal unless it clearly appears that no injury to the defendant resulted therefrom. Injury will be presumed from the error, and it is incumbent upon the respondent to make it appear to the contrary.</p>