Ward v. Massachusetts Bonding & Insurance Co.

The appeal is from a judgment of dismissal entered upon an order sustaining a demurrer to the third amended complaint. After an allegation of the corporate capacity of defendant, the complaint proceeds in the second paragraph:

“That on or about the 10th day of March, 1916, Charles Ward, plaintiff herein, commenced an action in the superior court of Mariposa county, state of California, in which he was plaintiff and Mrs. M. C. McIntyre, whose true name is Nettie C. McIntyre, . . . J. C. Yancey . . . were defendants; that said action was brought by said plaintiff against said defendants to…