Lucke v. Kiernan

The opinion of the court was delivered by

Gummere, Chief Justice.

The record and proceedings brought up by this writ of error disclose the following situation : Subsequent to the filing of the declaration and its service upon the defendant, and on the day before the defendant’s time to plead had expired, he applied to the court to have the same extended, and a rule was thereupon directed to be entered allowing the defendant fifteen days further time to plead. Four days after the entry of this rule application was made to the court by the plaintiff to vacate it as improvidently entered.

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