Treen Motors Corp. v. Van Pelt

Plaintiff moves for judgment. This is predicated on the claim that the defendant is in default in pleading. The defendant served an answer which was returned. Later the defendant served another answer, which was likewise returned.

The question at the threshold of this motion is whether the defendant after her answer was returned should have moved to compel the plaintiff to accept it or whether she could wait until the plaintiff took judgment or applied for it and then raise her contention that the answer was proper in form and was served in time. It seems when an answer is returned on the…