Gottwald v. Weil

The complaint alleges a cause of action against the defendant Weil on one instrument and another *467cause of action against the defendant Waibel on another instrument. On June 28, 1910, a demurrer was served upon the plaintiffs’ attorney by the defendant Weil on the ground that there was a misjoinder of causes of action, and on June 30, 1910, a notice of trial of -the demurrer was served. On July 1, 1910, an order was granted ex parte upon the application of the plaintiffs permitting them to discontinue the action as against the defendant Waibel, who had neither appeared nor answered. On July 5,…