Bissetti v. Roberts

Citations

• 25 N.M. 365
• 183 P. 403

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Under section 4136, Code 1915, providing, “When a complaint, answer or reply shall be adjudged insufficient in whole or in part upon demurrer, or the whole or some part thereof stricken out, on motion the proper party may file a further like pleading within such time as the court shall direct, and in default thereof, the court shall proceed with the cause in the same manner as if no such original pleading had been filed,” where parts of a complaint are stricken out, but enough remains to constitute a cause of action, plaintiff need not amend to prevent a default, but may except to the ruling striking out such parts, go to trial on what is left, and on appeal have a review of the ruling striking out such parts.</p>