Guyot

This action was commenced in the court below by the filing of an original complaint on November 16, 1922. John Doe and Richard Roe were named as fictitious parties defendant. After the defendant Cassab Fig and Grape Gardens, a corporation, had answered, an amendment to the complaint was filed on March 29, 1923. This amendment was served on the attorney for this defendant, but not on any other defendant. Mina E. Ballard was not named as a defendant in either the original complaint or the amendment. On March 19, 1925, the plaintiffs filed a notice of motion asking for leave to file an amended complaint, a carbon copy of which was attached to the notice of motion. This motion was granted on March 23, 1925, but no amended complaint was filed by the plaintiffs.

The summons on the original complaint was issued on November 16, 1922, and was served on the Cassab Fig and Grape Gardens, a corporation, but not on any other defendant. E. K. Cassab filed his answer to the original complaint on December 16, 1922. A second summons was issued on May 8, 1925. In the body of the summons the defendants were directed to appear in an action brought against them by the plaintiffs and to answer the…