Donleavey v. Johnston
California Court of Appeal
The facts are stated in the opinion of the court.
1Opinion of the CourtChipman, P. J.
This is an action commenced by plaintiff as copartner of defendant Johnston, for an accounting, for a decree adjudging that plaintiff has an interest in certain real estate in the city of Fresno, claimed to be partnership property, and for damages. A demurrer to the complaint as first filed was sustained, the grounds of the demurrer being insufficiency of fact; that two or more causes of action are improperly joined,—namely, for an accounting, for damages, and to establish a trust; that the complaint is ambiguous and uncertain, in that it cannot be determined from it how plaintiff has been or…
2Cases cited8 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Anderson v. . LemonNew York Court of Appeals · 1853
- Bell v. EllisCalifornia Supreme Court · 1867
- Struthers v. . PearceNew York Court of Appeals · 1873
- Title Insurance and Trust Co. v. GriderCalifornia Supreme Court · 1908
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3Cited by7 opinions
- Leff v. GunterCalifornia Supreme Court · 1983
- Elsbach v. MulliganCalifornia Court of Appeal · 1943
- Constans v. RossCalifornia Court of Appeal · 1951
- Ruppe v. UtterCalifornia Court of Appeal · 1925
- Piggly Wiggly Corporation v. SaundersDistrict Court, W.D. Tennessee · 1924
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