Wheaton

This is an appeal from a judgment after order in general terms sustaining general and special demurrers to a second amended complaint, without leave to amend. The record herein discloses no application by plaintiffs for leave to further amend. The main cause of action attempted to be stated consists in the alleged breach of duty of respondents, under contract as attorneys of appellants, to diligently and promptly commence suit and attachment proceedings against the obligor on certain promissory notes, it- being alleged that the negligent failure of respondents so to do resulted in loss of the contemplated attachment security. A large portion of the complaint is devoted to allegations patently made for the purpose of tolling of the statute of limitations applying to this cause of action but which in turn contain partial statements of other causes of action, not separately stated. The contract of employment was alleged to have been made on June 13, 1925, and suit was not commenced and attachment process not levied until August 4, 1925, at which time it is alleged that other creditors had, in this interim, secured liens upon the property sought to be attached sufficient to cover all…