Schultz v. King

OPINION

By the Court,

Badt, C.J.:

The district court, after sustaining defendants’ demurrer to plaintiff’s lien foreclosure complaint and giving plaintiff 10 days to amend, signed and filed a judgment of dismissal after plaintiff had failed to amend within the time allowed. Thereafter, on motion of plaintiff, the court set aside the judgment of dismissal and granted plaintiff 10 days to file an amended complaint. This appeal is from such order.

Appellants assign four errors. The assignments are overlapping and we restate them as follows: (1) That the order complained of was an abuse of the trial…