Callahan v. Gilman

Per Curiam:

The amended complaint was served within twenty days after the answer was served and was in time. (Code Civ. Proc. § 542.) It does not appear to have been served in bad faith. It superseded the original complaint, and thus deprived {he motion of the basis upon which it rested. The motion should have been denied, without costs or prejudice.

The order should be reversed, with ten dollars costs and disbursements, without prejudice to a new motion.

All concurred.

Order reversed, with ten dollars costs and disbursements, and. motion denied, without costs.