Campbell

This is an appeal from a judgment dismissing an action under the provisions of section 581, subdivision 3 of the Code of Civil Procedure after plaintiff had failed to amend, demurrers having previously been sustained to the original, first amended, second amended, third amended and fourth amended complaints.

The fourth amended complaint to which the demurrer was sustained with leave to amend set forth two counts. The second count for an accounting, having been directed against a non-appearing defendant, is conceded by appellant not to be pertinent in this appeal.

The first count to quiet title to personal property .alleged the marriage of the parties, that the wife obtained an interlocutory decree of divorce on the 16th day of April, 1946, which decree became final in May, 1947, and prayed judgment declaring wife to have a good and valid one-half interest in the manual or publication entitled “A Form Book for Thesis Writing.” The fourth amended complaint contained the following allegations:

It is contended in this appeal that the fourth amended complaint stated a good and sufficient cause of action and that it was error to sustain a demurrer thereto for the following…