Gottwald v. Weil

The original complaint alleged a cause of action against the defendant Weil on one instrument and another cause of action against the defendant Waibel on another instrument. On June 2.8, 1910, a demurrer was served on the plaintiffs’ attorney by the defendant Weil on the ground that there was a misjoinder of causes of action. On June 30, 1910, notice of trial of the demurrer was served. On July 1, 1910, an order was granted ex parte upon the application of the plaintiffs, permitting them to *469discontinue the action as against the defendant Waibel, who had neither appeared nor answered. On July…