Gervin v. Beaird

This case presents a question of practice. The plaintiff sued the defendant on an account, and citation was served personally on the twelfth of February, 1872. On the twenty-seventh of April, 1872, the defendant answered, pleading payment. On the ninth of April, 1874, nearly two years after issue joined, the defendant filed the following motion:,cNow comes the defendant and moves the court for leave to withdraw the original answer filed in this case, and to substitute therefor *631averments which he now makes, that he is in no manner indebted to the plaintiff, as alleged, and that he so informed…