Terwilliger v. Terwilliger

The defendant moves to dismiss the complaint under subdivision 9 of rule 107 of the Buies of Civil Practice. The ground there set forth is “ that the cause of action did not accrue against the defendant because of his infancy or other disability.”

Plaintiff at the outset resists the motion as not being timely brought within the twenty days provided by the rule. The defendant counters with the contention that his attorney asked for and obtained from plaintiff’s attorney extensions of time. Plaintiff’s attorney insists that such extensions were extensions of time to answer only and were not…