Washington v. Johnson

Carleton Harris, Chief Justice.

I do not agree with the Majority for the following reasons. The complaint unquestionably, in my mind, states a cause of action against both defendants, for it alleges that both are indebted to appellee Johnson. Subsequent to the striking of the answer, which the Majority concede was not filed in time, the court entered its decree, which contains, inter alia, the following language:

“On this day, being a day heretofore set for the irial of this cause by order of this Court dated May 25, 1961, this cause comes on to be heard, the plaintiff appearing in person and…