Caraker v. Webster

The appeal herein has been taken by the

plaintiff from a judgment which was rendered in favor of the defendants after a general demurrer to plaintiff’s fourth amended complaint had been sustained. The order sustaining the demurrer expressly granted permission to plaintiff to amend his complaint within a period of ten days. Plaintiff did not, however, avail himself of the privilege accorded him but elected to stand on Ms complaint and gave notice *301of appeal from the judgment entered against him subsequent to the expiration of the ten-day period.

The fourth amended complaint contains two…