Ross

A demurrer to the second amended complaint was sustained by the trial court and the plaintiff declined further to amend. He appeals from the judgment following such refusal. The interest of defendant John M. Goins is not involved in this appeal. .The grounds of demurrer are various. It is claimed that the complaint fails to state a cause of action; that it is unintelligible, uncertain, and ambiguous and that several causes of action have been improperly united. The portions of the complaint material to this, inquiry read as follows:

Then follows a long array of events, all of which relate back to said introductory words, “more particularly as follows,” and none of which in any way or degree show or tend to show any removal or attempted removal of the plaintiff.

Said long array of events comprises an allegation that the defendants entered by force and violence and ransacked the house, removed plaintiff’s personal property therefrom, destroyed portions of his machinery therein, broke open and destroyed a ease of dyes, carried away three suits of clothing, knocked the plaintiff to the floor with great force and violence, sat upon his body, struck plaintiff in the face, knocked out…