Eastham v. Telegram Publishing Co.

Error is not assigned relative to the order striking certain parts of the original complaint, nor does appellant discuss such matter in his brief. Therefore, we might well pass that phase of the case. If the court had improperly allowed the motion to strike, the point was waived upon the filing of an amended complaint. Had plaintiff elected to stand upon his original complaint, upon appeal from any judgment or final order rendered against him, the action of the trial court in striking the matter from the initial pleading would have been reviewed. This rule of practice was followed in Everding…