Austin v. Boyd

The original petition in this case was adjudged insufficient on demurrer; whereupon the plaintiff filed an amended petition, which, on the defendant’s demurrer, was also adjudged insufficient, June 12, 1882. July 3, 1882, the plaintiff obtained leave to file a second amended petition in twenty days, and did, on the thirty-first day of July, 1882, file such petition.

To the second amended petition thus filed the defendant filed an answer October 9, 1882, but, on February 14, 1883, withdrew the answer, and, by leave of court, filed a motion to strike out the plaintiff’s second amended *53petition,…