Smith v. Hayes

OPINION

By BAYNES, J.

On 21 May 1953, plaintiffs filed their petition against defendant for damages of $440.47 arising out of an automobile collision. On 29 June 1953, two days after Answer day, and without leave of court, defendant entered his appearance. After certain motions were disposed of on 19 December 1953, defendant was ordered to plead on 10 March 1954, on or before 20 March 1954, under penalty of default judgment. On 24 March *341954, four days after pleading day, and without leave of court, defendant filed an argumentative answer in the nature of a general denial. The case came on…