Dietz v. Harris

The defendant moved to strike out a second amended complaint upon the ground that the amendment proposed could not properly be made as an amendment to the complaint, and, secondly, it was urged that the complaint was insufficient in law.

The original complaint was dismissed on motion because it insufficiently stated the cause of action for malicious prosecution of a proceeding in bankruptcy against the plaintiff. Upon being granted leave to serve an amended complaint the plaintiff again set forth an action based upon the alleged malicious prosecution of the same proceeding against the…