Smith v. Chin Chew

The plaintiff began this action by filing a complaint against the defendant Chin Chew. Thereafter a first amended complaint was filed, bringing in the defendant Chun Hee Tong. The amended complaint bringing in the defendant Chun Hee Tong is, after the title, in words and figures following:

Upon the case being called for trial, the plaintiff dismissed his action as against the defendant Chin Chew and thereupon asked and obtained of the court leave to amend his complaint by inserting the figures $238.35 and $139.30, making the last paragraph of his complaint read as follows:

Thereupon the defendant Chun Hee Tong, through his counsel, moved that the action as against him be dismissed. This motion was denied. Later in the proceedings the motion was renewed on the ground that the court had no jurisdiction. This motion was also denied. During the course of the trial the following exhibit was introduced in evidence:

At the conclusion of the trial, the court ordered judgment that the plaintiff take nothing by reason of this action, not on the ground that the court was without jurisdiction, but upon the ground that the sum of $300 was accepted in full settlement of the $427.55…