Dias v. Phillips
California Supreme Court
Appeal from a judgment for the plaintiff in the Superior Court of Sonoma; County. McGakvey, J. The defendant, besides demurring generally, demurred to the complaint on the ground of misjoinder of parties plaintiff, and also on the ground of misjoinder of actions, specifying under each head the defect referred to in the opinion.
1Opinion of the Court
By Court:
Plaintiff brings this suit in his individual right, and also in his representative capacity, as executor. A demurrer to the complaint was filed, on behalf of defendant, and was overruled by the Court.
The question was raised by the demurrer whether the suit was properly brought by the plaintiff in a double capacity, and we think the objection to the complaint should have been sustained. The right of action was in him or in the estate, and not in both.
The judgment is that the plaintiffs I. L. Dias and I. L. Dias, as executor of the last will and testament of A. H. L. Dias, deceased, do…
2Cited by5 opinions
- Redfield v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Rogers v. SchlotterbackCalifornia Supreme Court · 1914
- Robertson v. BurrellCalifornia Supreme Court · 1895
- Wood v. American National BankCalifornia Court of Appeal · 1938
- Sando v. RobertsSouth Dakota Supreme Court · 1916