Mussinan v. Hatton

This is a motion to strike out an amended complaint. Before service of the answer to the. original complaint, the plaintiff served an amended complaint, which was subsequently stricken out by the court, on motion of defendant. After the amended complaint had been so stricken out, the defendant served his answer to the original complaint, and, within twenty days' there-' after, plaintiff served another amended complaint. The defendant now moves to strike out this second amended complaint.

The question here presented is: Can the plaintiff serve two amended complaints,—that is, when the first…