Winnants

Plaintiff has taken this appeal from a judgment rendered against it, entered after the sustaining of a demurrer to the complaint. The judgment, in so far as it required money to be paid to the defendants, was only for a few dollars as costs incurred by the defendants.

Plaintiff’s first contention is that this judgment was erroneously entered because it had, prior to the date of the judgment, dismissed its- action. This claim arises because of the following situation, as shown by the record: Defendants’ demurrer to plaintiff’s second amended complaint was sustained and notice of that ruling was given on May 4, 1915. In the order sustaining the demurrer ten days was allowed to the plaintiff to amend. On May 11th, within the ten days mentioned, plaintiff filed with the clerk of the court an order requiring the dismissal of the action. The court later entered an order vacating the dismissal, and on May 18, 1915, rendered the judgment from which the appeal is taken. Appellant’s contention is that it had a right to dismiss its action at any' time before the final judgment, and that the court’s order attempting to vacate such dismissal and the judgment following that order are void and…