Argyropolus

The court below sustained a demurrer to the plaintiff’s second amended complaint and made an order allowing him ten days within which to file a third amended complaint. The plaintiff failed to file a further amended complaint within the time so allowed, and judgment was thereupon entered in favor of the defendants.

This appeal is by the plaintiff from said judgment.

The plaintiff’s occupation is that of a fisherman on Humboldt Bay and contiguous waters, in Humboldt County, and for the purposes of this business he maintained a gasoline launch on said bay fully equipped with fishing and crab tackle and other appliances ordinarily used in the fishing business and catching crabs. He lived and slept on board of said launch and kept therein all his wearing apparel and other articles necessary to maintain himself.

The defendants were, at the time of the transaction eventuating in this action, deputy fish and game wardens whose duties were to see that the laws of the state regulating fishing and hunting were enforced and to arrest and prosecute persons guilty of violating said laws.

The complaint is a voluminous document, and we shall attempt to state the averments thereof necessary…