Taff v. Westerman

This suit was instituted in the Osage Circuit Court upon a promissory note. The defendant below — plaintiff in error *414here — appeared in obedience to the summons, and obtained leave of the court to file his answer to the petition sixty days before the next term. It was not filed within the time specified, but, as the record shows, was filed by leave of court on the second day of the said next term. On the day following, a motion was filed by the plaintiff asking that the answer be stricken out, for the reason that the leave as given at the former term had not been complied with. On the fifth…