Hiatt v. Kinkaid

Ryan, C.

Of a judgment in favor of the present defendant in error the. adverse party, upon error prosecuted to this court, *179obtained a reversal (Hiatt v. Kinkaid, 28 Neb., 721), and thereupon this cause was remanded for further proceedings. Subsequently an amended answer was filed, the court reserving the right to strike the same from the files—a right which later was exercised. Soon afterward, however, the court permitted the refiling of this amended answer upon condition that the costs up to that time should be paid by the defendant. To this answer a reply was filed and the cause was…