Holland

This is an appeal by defendant from a judgment and an order denying its motion for a new trial, but the only matter urged for a reversal relates to the action of the court in overruling defendant’s demurrer to the complaint for a misjoinder of causes of action. Since the appeal was taken to this court the plaintiff has died, and the special administrator of her estate, Patrick Holland, has been substituted as plaintiff.

The complaint is in form in three counts, and was filed May 6, 1909.

The first count sets up a cause of action in unlawful detainer, after default in the payment of rent and three days’ notice in writing requiring its payment or possession of the premises. The notice was served March 6,- 1909, and demanded the payment of the month’s rental falling due February 15, 1909, amounting to $250.

The second count, by reference and adoption, repeated the allegations of the first count, and in addition alleged the demand for and nonpayment of the month’s rental, in the sum of $250, falling due March 15, 1909.

The third count was in all respects similar to the second count, except that it alleged the demand for and nonpayment of the month’s rental $250, falling due April…