Murray v. Lamb

In October, 1940, an order granting leave to plaintiff to file a fourth amended complaint was made and entered in this action. David E. Lamb, one of the defendants, separately demurred to the complaint upon the ground (1) that there is a defect of parties defendant in that one A.M. Mayer had not been joined as defendant in the action, and (2) that the action had not been commenced within the time limited by law. The court sustained the demurrer upon the first ground and, upon plaintiff's refusal to plead further, dismissed the action as to Lamb.

Prior to the sustaining of the demurrer, all the…