First National Bank of Watertown v. Eddy

This cause was before us upon appeal from an order overruling a demurrer to the complaint. 47 S. D. 233, 197 N. W. 290; 47 S. D. 297, 198 N. W. 554.

After the cause was remanded, the defendant sought leave to answer by serving the same answer that had previously been interposed, but which had been withdrawn for the purpose of submitting the cause upon demurrer. The trial court denied such leave; hence this appeal. A separate appeal was taken from an order adjudging defendants to be in default, etc., which was consolidated in this court with the above appeal.

The question now before us is…