Massey-Harris Co. v. Booth

The plaintiff filed its petition on December 20, 1928, and in due time the defendant Nelson filed his answer and cross-petition, in which he asked judgment against plaintiff. On April 25. 1929, the plaintiff filed a motion to require the defendant to make certain portions of his cross-petition more definite and certain. This motion was pending in May of 1930, when the cause was set for trial, and it does not appear that the plaintiff insisted at that time that a ruling be made on the motion, the hearing on the merits of the action being continued by agreement of the parties to some future…