Barnes v. Witt

The trial court sustained a demurrer to the first amended complaint without leave to amend and entered a judgment in favor of the defendant. The plaintiffs ’ main contention on appeal appears to be that the court erred in setting aside an earlier default of the defendant. The appellants also contend that the court’s ruling on the demurrer was erroneous, particularly because it was without leave to amend.

The original complaint in the case was filed on August 16, 1961, in which it was alleged that the defendant on or about September 20, 1955: ‘ ‘. . . did illegally and with malicious intent…