Johns

On September 3, 1957, plaintiff filed her first amended complaint naming as defendants her husband, W. Harry Johns, from whom she had obtained an interlocutory decree of divorce, one Arnett and respondents herein.

Thereafter all of the defendants except Johns and Arnett who are not parties to this appeal filed demurrers. These were by order of the court sustained and from the judgment entered thereon plaintiff has appealed.

Respondents assert that the appeal should be dismissed on the ground that the order sustaining demurrer was entered with plaintiff’s consent.

The record contains the following minute order dated December 11, 1957, Raymond J. Arata, Judge: “In this action upon stipulation of respective counsel [emphasis added], not present at hearing, the Court ordered the demurrer to plaintiff’s first amended complaint sustained with 10 days to amend.”

The record also contains a stipulation dated February 27, 1958, waiving notice of sustaining of demurrer and agreeing to the entry of judgment.

On March 11, 1958, the court signed a formal judgment in favor of the respondents herein which contains the following preamble: “The demurrer of Western Title Insurance and Guaranty…