Thompson v. Schalk

The plaintiff sought in this action the partitioning of certain real estate. The defendants filed answer denying portions of the petition. On May 25, 1939, the cause came on for trial to the court. The parties offered their evidence and rested. Oral arguments were made. A written brief also was submitted by counsel for plaintiff. On tbe calendar the court then made the entry “cause submitted.” A few minutes thereafter defendants’ counsel requested permission to file a written brief. The request was granted by the judge, then in chambers, the latter suggesting that the brief be filed “by the…