Bohannon v. Trotman

The following exception and assignment of error made by defendant Wachovia Bank & Trust Company, executor and trustee of the estate of E. M. Bohannon, cannot be sustained: “(1) That the court overruled its objection to the hearing of the case at the October Term since no answer had been filed by Ernest E. Bohannon, Sr., and the time for answering had not expired, to which this defendant excepted. . . . At the time of the hearing, Ernest E. Bohannon, Sr., had not filed an answer and that thirty days had not elapsed since service upon him of the summons and complaint.” In its brief it states:…