State ex rel. Padgett v. Foulkes

It has long been settled that where an amended complaint is filed the original no longer remains as a pleading, and that rulings upon it are made immaterial by the amendment. The record in this case shows that the ruling on the motion to strike out applied solely to the original complaint, and as that was superseded by amendment, that ruling becomes wholly immaterial. The only ruling in the case, therefore, which is properly before us. is that upon the demurrer to the information, and to that we dii’ect our attention.

The information is one in a proceeding in the nature of a quo warranto, and…