Costigan v. Schalk

Appellants filed a complaint against appellees, in which it is alleged in substance, among other things, that on January 7, 1922, a judgment and decree of foreclosure was rendered against appellants, other than Lillian Costigan, in favor of appellee Schalk; that said judgment and 'decree was duly set aside on April 18, 1922, and thereafter appellants, John S. and William S. Costigan, by leave of court, filed their joint answer to the complaint in said foreclosure proceeding; that no reply was filed to said answer, but that the issue tendered thereby remained open until June 10, 1922, when the…