Tennant v. Pfister
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Santa Clara. The plaintiffs and others, and W. B. Bogers, Philip Boach, John Heinlen, Harvey Swicard, and Charles H. Mitchell, were owners of the rancho Santa Teresa in the county of Santa Clara, and, on the 25th day of August, 1876, commenced an action for the partition of the rancho.
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Appeal from the District Court, Third Judicial District, County of Santa Clara. The plaintiffs and others, and W. B. Bogers, Philip Boach, John Heinlen, Harvey Swicard, and Charles H. Mitchell, were owners of the rancho Santa Teresa in the county of Santa Clara, and, on the 25th day of August, 1876, commenced an action for the partition of the rancho. By the final decree, the rancho was divided into subdivisions numbered fropi one to fifty-nine, and there was allotted to plaintiff Tennant, lots 52, 9, 34, and 50; to plaintiff McLellan, lot 47; to plaintiff Cottle, lots 29 and 42; to Wm. A.…
1Opinion of the Court
By the Court:
1. If upon the face of a complaint there appear to be a misjoinder of parties plaintiff, the objection must be taken by special demurrer, and if not so taken, it is waived. Under a general demurrer, upon the ground that the complaint does not state facts sufficient to constitute a cause of action, a question of misjoinder of parties plaintiff cannot be raised. (Gillam v. Sigman, 28 Cal. 637.) Upon the former appeal in this case it appeared that a demurrer to the complaint on the ground that there was a misjoinder of parties plaintiff therein had been overruled, and that the…
2Cases cited3 opinions
- Burt v. WilsonCalifornia Supreme Court · 1865
- Fowler v. FrisbieCalifornia Supreme Court · 1869
- Tennant v. PfisterCalifornia Supreme Court · 1873
3Cited by4 opinions
- Ross v. PageNorth Dakota Supreme Court · 1903
- Senior v. AndersonCalifornia Supreme Court · 1903
- Kempinski v. Tuthill Building Material Co.Appellate Court of Illinois · 1930
- Lindblom v. Purity Ice & Refrigerating Co.Appellate Court of Illinois · 1920