Kinard

A demurrer to the complaint was sustained as to all the defendants except Huntington, without leave to amend, and as to him it was overruled, with the direction to the plaintiff to file a new engrossed and amended complaint against him alone. Plaintiff did not comply with this order within the time specified and extensions thereof. Whereupon the “complaint” (action) was dismissed as to all the defendants.

There are two notices of appeal in the transcript—one. from the order disposing of the demurrer, and the other from the judgment of dismissal. As the former seems unauthorized (Code Civ. Proc., see. 963), we will consider only the latter.

. The complaint is full of redundant matter, and in many respects is unintelligible. An outline of the case, as we understand it, is as follows:

Defendant Huntington made a contract with Charles Bell and William S. Bell, by the terms of which he agreed to pay over to them one-quarter of the selling price of a certain mine or mining claim known as the Socrates quicksilver mine. He subsequently conveyed said mine to a corporation, in consideration of which the corporation issued one million shares of its capital stock of the par value of one…