Carley

The relief prayed for by plaintiffs is based on three separate causes of action. A demurrer to the first cause of action was overruled and was sustained as to the second and third alleged causes of action without leave to amend. Defendant answered the first cause of action and, on the issues thus formed, the ease went to trial. The judgment reads: “And the said plaintiffs having abandoned said action upon the trial and before the final submission of the case, and the court having thereupon dismissed said action: . . . It is ordered . . . that the said plaintiffs take nothing by this their said action . . . and the said action is hereby dismissed.”

Plaintiffs appeal on the judgment-roll.

The following constitutes the entire statement found in appellant’s brief: “We respectfully invoke the consideration of the court to the complaint and demurrer thereto set forth in the transcript from folio 3 to folio 69. We submit that the second and third causes of action of the complaint are not amenable to the objections raised by the demurrer, and that if the demurrer was properly sustained, leave should have been granted plaintiffs to amend said second and third causes of action.”

. The…