Lincoln Holding Corp. v. Union Indemnity Co.

This is an appeal by plaintiff from a judgment on the pleadings and also from an order striking from the files the second amended complaint and from an order denying relief to plaintiff under section 473 of the Code of Civil Procedure. Plaintiff went to trial October 11, 1929, upon his first amended complaint. During the trial, defendant moved for judgment on the pleadings, and the following order was then made: “Motion for judgment on the pleadings is denied on condition that plaintiff amend its complaint within five days; leave to file second amended complaint within five days is hereby…