Tormey v. Pierce

Citations

• 49 Cal. 306

Syllabus

<p>Striking Names from a Complaint.-—If, on the trial of an action of ejectment, where there are several plaintiffs, it appears that the evidence fails to show that a part of the plaintiffs have any title to the demanded premises, the Court may make an order striking from the complaint the names of such plaintiffs, and render judgment in favor of the remaining plaintiffs.</p> <p>Amending Complaint.—If an order is made by the Court striking names . from the complaint, such order becomes a part of the judgment-roll, and it is not necessary to amend the complaint.</p> <p>Order under 68th Section oe Pbactice Act.—An order óf Court striking names from a complaint may be made without payment of costs. The Court may exercise its discretion in making it, and if there is no abuse of such discretion, the order will not be disturbed.</p>