O'Connell

Action for money had and received.

What is described as a bill of particulars forms a part of the complaint. Recitals contained therein allege Anna M. O’Connell to have been the owner of certain real property which, together with all her right, title, and interest thereto and therein, she assigned to the plaintiff. Other recitals are to the effect that with full knowledge of such facts defendants have collected certain rents and sold the property, in consequence of which there is in their hands a total sum of $4,321.91, to which plaintiff is entitled. The complaint concludes without a prayer.

Defendant Antone Judnich demurred upon numerous grounds; at the same time a motion was filed to strike the complaint from the files upon the ground that plaintiff was a disbarred attorney, and as such, under section 300 of the code of Civil Procedure, had no right to prosecute the action. This motion was granted by reason of a judgment of disbarment at that time existing against plaintiff, who nW appeals from the final judgment entered upon such order.

The section of the code invoked reads as follows: “No person who has been an attorney and counsellor shall, while a judgment of disbarment…