Cleland v. Walbridge

Hayne, C.

—In this case, the defendant’s demurrer to an amended complaint was sustained. The learned judge filed a document, which is really an opinion and order sustaining the demurrer, but which the parties have called a “judgment.” Subsequently a second amended complaint was filed, and the defendant filed a demurrer thereto. Apparently no action was taken on this demurrer. Nearly three years afterward the plaintiff obtained leave to file a third amended complaint. The defendant moved to strike out this last complaint, and the court granted the motion, and ordered judgment for the defendant,…