Blanton v. McLawhorn

Defendant appellant’s only assignment of error is the denial of his motion to be allowed to amend his answer to plead the prior judgment as res judicata on his cross action against the additional defendant for contribution. The motion to amend was made on 6 August 1968, more than two years after the original answer was filed and long after the time for filing answer had expired. “After the time for answering a petition or complaint has expired, the respondent or defendant may not as a matter of right, file an amended answer. The right to amend after the time for answering has expired, *579is…