O'Connor v. Christopher

Complaint joins two causes of action. Defendants demur on the ground that causes of action were improperly united. Plaintiff, within twenty days after the service of the demurrer, served an amended complaint setting up but one of the two original causes of action. Defendants noticed the case for trial on the demurrer. Plaintiff maintains that the amended complaint superseded the demurrer. The causes of action originally pleaded each affected both defendants. Plaintiff moves to strike case from calendar.

That a demurrer may be killed by the service of an amended pleading within section 542 of…