Rothenberg v. Metzger

The respondent applied for an order correcting the appellant’s amended complaint and striking out portions thereof, and an order was made on February 7, 1929, granting inter alia his motion to strike out paragraph 12 and denying it as to paragraph 18 thereof. This order with notice of entry was served on February 11, 1929, and thereafter respondent served an answer. On March 8, 1929, respondent served a notice of appeal from so much of the order as denied his motion to. strike out paragraph 12 of the amended complaint. On March sixteenth he served an amended answer, and on March twenty-fifth…