Burnap

Action for an injunction. The defendant Burnap had judgment, from which plaintiff appeals on the judgment-roll, including bill of exceptions presenting motion to strike out certain allegations in the amended complaint, and the ruling of the court thereon.

But two questions are involved: "1. That the court erred in sustaining the demurrer made on the ground of misjoinder of parties defendant: and 2. That the court erred in sustaining the demurrer as to that portion of the amended complaint relating to light and air; and for like reasons the court erred in striking from the amended complaint all matters relating to light and air.”

The motion to strike out having been granted, the result was to leave the complaint shorn of facts sufficient to constitute a cause of action.

It appeared from the complaint that in 1887 one Hanbury owned certain lots and parts of lots, in the city of San Diego, fronting one hundred and forty-five feet on Third street and one hundred feet on D street. He built a lodging house on the north fifty feet of the tract in 1881, fronting on Third street and running back ninety feet. The lower story was finished for stores, and above this story and in each of…