Miller v. Montano

MABRY, Justice.

This matter comes up upon motion of appellee Miller to dismiss an appeal taken from an order of the district court denying appellants’ motion to strike the amended complaint.

The original complaint was filed in the district court of San Miguel County on March 12, 1942, by appellee; thereafter, and on July 27, 1943, upon leave, an amended complaint was filed. Appellants, .Pascual Montano and Antonia S. de Montano, being two of the defendants in the suit below, moved to dismiss, or strike, the amended complaint on the ground that such amended complaint set forth a different cause…