Klenert v. Iba

The plaintiff, by the stipulation and order of January 14, 1896, is precluded from raising the objection that after the service of the amended complaint a new notice of trial • must be served on the ground that new issues have been formed and are then before the court.

In the case at bar the plaintiff had clearly waived the same, aa the order provided that the amended complaint was granted without prejudice to any of the proceedings already had or to the position of the cause on the day calendar.

Objection is also made to the service of the unverified answer to the amended complaint. This we…