Horton v. Equitable Life Assurance Society

The demurrant asserts that the complaint is bad for improper joinder of two causes of action. Two counts are set forth in the complaint. The first avers che improper ejection of plaintiff’s property from his law office in the Equitable Building, New York city, on the 28th of October, 1894, and injury to such property to plaintiff’s damage in the sum of $250, with a claim for treble damages under section 654 of the Penal Code, which punishes willful injury to property by fine and imprisonment, and also gives to the party injured treble damages to be recovered in a civil action.

The second count…