Roberts v. . Merritt

Pee Oueiam.

Tbe clerk made an order extending tbe time for filing tbe answer, but not to a day certain, as tbe statute requires. Public Laws 1921, Extra Session, cb. 92, sec. 1 (3). After tbe statutory time for filing tbe answer bad expired, tbe clerk permitted tbe answer to be filed, and tbe plaintiff excepted. Tbe case was tben transferred to tbe civil issue docket.

Whether tbe clerk’s order extending tbe time for answering without naming a “day certain” was invalid or merely irregular we need not now determine. In tbe Superior Court tbe plaintiff twice procured a continuance of tbe cause;…