Cook v. Matteson

The motion in form was to amend the answer, but the recitals in the order as entered show that the amexided answer had been or was then served and that by consent the whole was considered. As the amended answer superseded the original and the parties appeared by consent and argued the motion, and the order was to make the amended answer more definite, the court must now treat it as though the motion was to correct the amended answer, as that was the only pleading to which the motion could be made applicable and effectual at .the time it was heard. It will not be presumed that the court heard…