Plaintiff Schussler has dismissed his appeal since the case came to this court, and, so far as he is concerned, there is nothing to consider.
Barnes’ appeal is from rulings on a motion to strike parts of his petition and for more specific statements therein. The exact nature of the case need not be considered. Suffice it to say that it is an action to secure the cancellation of certain notes given by plaintiff to the defendant bank, and to secure the return of certain securities' deposited with the bank as collateral to these notes; Defendant filed a motion to strike parts of the original petition and for a more specific statement in other parts. This motion was submitted, and the trial court made the following order thereon: “Sustained. It is hereby ordered that defendant be given ten days in which to plead.” Thereafter and on October 15th plaintiffs filed an amendment to their petition, evidently intending to conform to the rulings of the trial court on the motions; and to -this amendment defendant filed another motion to strike and for a more specific statement, etc. This motion was based, among other things, upon misjoinder of parties defendant. The motion had many specifications and was submitted to the court on January 19, 1909, resulting in the following-order: “This cause comes on this day for hearing on motion to strike and make more specific statement, and the
The rulings must, therefore, be, and they are, affirmed.