La Société Francaise de Bienfaisance Mutuelle de Los Angeles v. Weidmann

Citations

• 97 Cal. 507
• 32 P. 583
• 1893 Cal. LEXIS 579

Syllabus

<p>Foreclosure of Mortgage — Parties — Amended Complaint — Deficiency Judgment — Partnership. —In an action to foreclose a mortgage, where a partnership was sued originally as one of the parties defendant, but in an amended complaint the members of such partnership were named individually as defendants, and the partnership was not named as defendant, a deficiency judgment against the partnership is erroneous. The fact that the original complaint and summons were served upon the partnership is immaterial.</p> <p>Pleading — Amended Complaint Supersedes Original.—When an amended complaint is filed and served, the original ceases to perform any function as a pleading.</p>