Moore v. Trailmobile, Inc.

Trailmobile, Inc. sued the plaintiffs in error on a note, copy of which providing for attorney fees was attached to the petition. The date of service was May 24, 1956, and the petition was answered by pleadings filed on June 25, or 32 days later. The plaintiff, being a nonresident, had made a cost deposit of $10 pursuant to the provisions of Code § 24-3407. At the call of the case for trial the plaintiff moved to strike the defendant’s answer on the ground it was filed too late, and this motion was granted. Thereafter the court entered judgment for the unpaid principal balance of the note,…