Kaufman
Kaufman v. Shain
Opinion
Lead Opinion
Harrison, J.
An amended complaint was filed in this action May 16, 1890, to which a demurrer was filed by the defendants, Herrlich and Hanlon, May 23d, and by the defendant Davis, June 4th. October 10, 1890, the demurrer of Herrlich and Hanlon came on for argument, and was sustained by the court, and thereupon the clerk made the following entry in his minutes under the title of the cause: “In this case the demurrer of the defendants, Julie Herrlich and John F. Hanlon, to the second amended complaint coming on regularly this day to be heard, it is by the court ordered, on motion of counsel for said defendants, that said demurrer be and the same is hereby sustained. It is further ordered by the court that this cause be and the same is hereby dismissed.” Thereafter, on the 14th of March, 1894, a judgment was entered by the clerk in accordance with said *19 entry, dismissing the action, and in favor of the defendants for their costs. May 4, 1894, the defendant Davis, in accordance with a previous notice to the plaintiif therefor, moved the court for an order amending the above minute entry, by striking therefrom the clause “It is further ordered by the court that this cause be and the same is…