Brittan
Brittan v. Oakland Bank of Savings
Opinion
Lead Opinion
Harrison, J.
After a demurrer to the original complaint had been sustained by the court the plaintiff filed an amended complaint. Upon the motion of the *2 defendant the court struck out certain portions of this amended complaint on the ground that they were irrelevant and redundant. Thereafter the plaintiff filed a second amended complaint, to which the defendant answered, and' subsequently, having obtained an order substituting the appellant for the original plaintiff in the action, filed a third amended and supplemental complaint, to which the defendant filed its answer, denying many of the allegations in the complaint. Subsequently, the defendant filed certain amendments to its answer, and set up a separate and special defense. The plaintiff demurred to this special defense, and his demurrer having been overruled, the cause was tried by a jury who rendered a verdict in favor of the defendant. From the judgment entered thereon the present appeal is taken upon the judgment-roll alone. It contains a bill of exceptions relative to the order striking out certain portions of the first amended complaint, but there is no bill of exceptions relating to the trial, or showing the evidence upon which…