State ex rel. Hamilton v. Superior Court

The opinion of the court was delivered by

Dunbar, C. J.

— This is an application for a writ of certiorari. The affidavit upon which this application is based shows that the court made an order that the new matter or affirmative defense pleaded in answer to the complaint be made more definite and certain. Upon failure of the defendant to amend, the court struck out the entire answer, including the direct denials, and rendered judgment against the relator.

Conceding the affidavit to correctly state the action of the court, it is plain that the court committed error in extending the order beyond…