Evans

Petitioners seek a writ of mandate to compel respondent to dismiss a certain action entitled L. H. Booker et al. v. Hugh Evans & Co., a Corporation, et al., said action being No. 336380 in the files of respondent court.

The essential facts are undisputed. The action was filed March 3, 1932, and summons issued. March 18, 1932, a demurrer was filed to the complaint. March 24, 1932, the demurrer was overruled and defendants allowed fifteen days to answer. April 4, 1934, plaintiffs were granted permission to file an amended complaint. All defendants filed demurrers to the amended complaint. June 14, 1934, the demurrers to the complaint were sustained and plaintiffs allowed thirty days in which to file an amended complaint. April 13, 1935, plaintiffs’ second amended complaint was duly served and filed. Defendants filed demurrers to the second amended complaint and on September 11, 1935, the demurrers were sustained and plaintiffs allowed thirty days in which to file a third amended complaint. October 31, 1935, plaintiffs filed their third amended complaint. Thereafter on December 20, 1935, the demurrers of defendants to the third amended complaint were sustained and plaintiffs granted…