terial matter from the pleading, the judgment will not be reversed." 417 A motion to strike out material portions of a judgment cannot be made after the judgment has been affirmed on appeal, and the remittitur filed in the lower court, where all the questions involved in the motion might have been brought before the court and determined on the appeal." 418 Where an answer has been amended and different facts presented, the denial of a motion to strike out new matter in the first answer does not establish the law of the case so as to control the court in a ruling upon a motion for judgment on the pleadings made after such amendment.119 FORMS FOR AMENDMENTS. § 842. Notice of motion to amend complaint by striking out co-plaintiffs and making them defendants. [TITLE.] Form No. 248. Take notice, that on the affidavit of C. D., herewith served, and on all the pleadings and proceedings in this action, the undersigned will move the court, at the courtroom thereof, at ..., on the . . . day of . . ., 19. ., at . . . o'clock in the . . noon, that the plaintiffs may be at liberty to amend their complaint by striking out the names of A. B. and C. D. as plaintiffs, and making them defendants, without costs as to the other defendants; and for such other relief as may be just. [DATE.] § 843. Notice of motion for leave to amend. [TITLE.] [ADDRESS.] Form No. 249. [SIGNATURE.] Please take notice that on the affidavit herewith served, and on all the papers on file in this 417 Thomas v. Herrall, 18 Or. 546, 23 Pac. 497. 418 Parker v. Bernal, 68 Cal. 122, 8 Pac. 696. action, the undersigned will 419 Fisher v. Briscoe, 10 Mont. 124, 25 Pac. 30; distinguishing Newell v.. Meyendorff, 9 Mont. 254, 18 Am. St. Rep. 746, 23 Pac. 333. 8 L. R. A. 440. on the . . move the court, at the courtroom thereof, at day of . ., at . . . o'clock in the . . . noon, or as soon ., 19 thereafter as counsel can be heard, for leave to amend his com plaint herein, by the insertion of the following clause, to-wit [here insert proposed amendment], after the word " line . . of page relief as may be just. on . . thereof, and for such other and further [DATE.] [SIGNATURE.] § 844. Order giving leave to amend. [TITLE.] Form No. 250. On reading and filing the affidavit of A. B., and the notice of this motion, and the proof of due service thereof, and on motion of E. F., attorney for plaintiff, and after hearing G. H., attorney for defendant: It is hereby ordered that the plaintiff have leave to amend his complaint, on file in this action, by inserting the following, to-wit [here insert amendment], after the word " on [SIGNATURE.] § 845. Notice of motion to strike out irrelevant or redundant matter. [TITLE.] Form No. 251. Please take notice that on [the affidavit herewith served, and] the pleadings on file in this action, the undersigned will move the court, at the courtroom thereof, at . ., on the . . . day of . . ., 19 . ., at . . . o'clock in the . . . noon, or as soon thereafter as counsel can be heard, to strike out matter contained in the complaint [or answer] herein, from and after the word '. . .," on line down to and including 66 the word [or redundant], and for such other relief as may be just, with costs. [DATE.] P. P. F. Vol. I-33 [SIGNATURE.] § 846. Order to strike out irrelevant or redundant matter. On reading and filing [designate motion papers], and on motion of G. H., for the defendant, and after hearing E. F., attorney for plaintiff, in opposition thereto : It is ordered that the matter contained in the complaint [or answer]in this action, from the word " on line on down to and including the word " of page [SIGNATURE.] § 847. Notice of motion to require plaintiff to elect between several counts of complaint, in certain cases. [TITLE.] Form No. 253. Please take notice that upon the pleadings on file in this action, and on an affidavit, of which a copy is herewith served, the undersigned will move the court, at the courtroom thereof, at on the . . . day of . . ., 19. ., at . . . o'clock in the noon, or as soon thereafter as counsel can be heard, that the plaintiff be compelled to elect between the cause of action stated in the first count and the cause of action stated in the second count in the complaint, and state which he will rely on; and that on such election the other be stricken out; or in default of so electing, then that the second stated cause of action be stricken out as redundant; and for such other or further relief as may be just, and for the costs of this motion. [DATE.] [SIGNATURE.] § 848. Affidavit on motion to compel plaintiff to elect between several counts of complaint. C. D., being duly sworn, deposes and says: I. I am the defendant in the above-entitled action [or show in some way deponent's knowledge of the facts]. II. That only one transaction of the nature mentioned in either of the alleged causes of action set forth in the complaint ever occurred between deponent and the plaintiff, and that the transactions mentioned in both of the said alleged causes of action are in fact one and the same. [JURAT.] [SIGNATURE.] § 849. Notice of motion to strike out sham answer. [TITLE.] Form No. 255. Take notice that on the affidavit herewitn served, and on the pleadings on file in this action, the undersigned will move the court, at the courtroom thereof, at . . ., on the . . . day of 19. ., at . . . o'clock in the . . . noon, or as soon thereafter as counsel can be heard, to strike out the second defense in the answer herein as sham, and the third defense as irrelevant; or for such other relief as may be just, with costs. [DATE.] [SIGNATURE.] § 850. Notice of motion to strike out irrelevant answer. [TITLE.] Form No. 256. Please take notice that on the affidavit, a copy of which is herewith served, and the pleadings on file in this action, the undersigned will move the court, at the courtroom thereof, at on the... day of . 19.., at the hour of . o'clock in the . . noon, or as soon thereafter as counsel can be heard, to strike out the answer herein as irrelevant; or for such other relief as may be just, with costs. [DATE.] § 851. Order striking out irrelevant answer. [TITLE.] Form No. 257. [SIGNATURE.] On reading and filing [designate motion papers], and on motion of E. F., attorney for plaintiff, and after hearing G. H., attorney for defendant: It is ordered, that the answer of C. D., the defendant in this action, be stricken out as irrelevant, with... dollars costs to plaintiff. [DATE.] [SIGNATURE.] § 852. Notice of motion for leave to correct fictitious name. Please take notice that on the affidavit herewith served, and on all the pleadings and proceedings on file in this action, the undersigned will move this court, at the courtroom thereof, at . ., on the . . . day of . . ., 19. ., at . . . o'clock in the ... noon, or as soon thereafter as counsel can be heard, for leave to amend his complaint by substituting the name of . . . as the real name of the [defendant] in this action, wherever the name John Doe occurs in the papers filed in this action; or for such other relief as may be just. [DATE.] [SIGNATURE.] § 853. Affidavit to obtain leave to correct fictitious name. Form No. 259. [TITLE.] A. B., being duly sworn, deposes and says: I. I am the plaintiff in the above-entitled action: II. I was not acquainted with the real name of the defendant therein until after the commencement of this action, and about III. That the defendant was sued in said action under the fictitious name of . . and that his real name is . . . [JURAT.] [SIGNATURE.] § 854. Order giving leave to correct fictitious name. [TITLE.] Form No. 260. On reading and filing the affidavit of A. B., and the notice of this motion, with proof of due service thereof, and on motion of E. F., attorney for plaintiff, and after hearing G. H., attorney for defendant: be substituted in the place [SIGNATURE.] It is ordered that the name of . of . . ., as the real name of the defendant in this cause. [DATE.] |