Guidera

This action is by the administrator of the estate of the above-named deceased against the defendant for damages in the sum of fifty thousand dollars, for causing wrongfully the death of said deceased. (Code Civ. Proc., sec. 377.) The case was tried by the court, without a jury, and findings and judgment were in favor of the plaintiff in the sum of fifteen thousand dollars. The appeal is by the defendant from said judgment.

The points urged against the legal integrity of the judgment are: 1. That there was error in the order overruling the demurrer to the complaint on the ground of uncertainty, in that it cannot be ascertained from said pleading whether the plaintiff is suing as one of the heirs of deceased or as the administrator of his estate, and further, that it cannot be determined therefrom whether the parties named therein as heirs at law of deceased are all the heirs of said deceased; 2. That the overruling of the objection to certain testimony given by a witness for the plaintiff was error and prejudicial to the rights of the defendant; 3. That the evi dence is insufficient to support the findings and the judgment.

[1] 1. The complaint is not obnoxious to the objection…