Larson v. Equity Co-Operative Elevator Co.

Defendant contends that the court, in passing upon the demurrer to the amended complaint, must consider plaintiffs bound by allegations as to certain facts stated in the original complaint which, on defendant’s demurrer thereto, was held insufficient to state a cause of action. That contention cannot be sustained in view of the rule that,—

“The facts which appear in the original complaint . . . are not involved and cannot be taken into consideration in passing upon the demurrer to the amended complaint. The latter, which is an entirely new complaint without any reference' therein to the…