Strachan v. Mutual Fire Insurance

Fox, President,

dissenting:

I am unable to agree with the decision of the majority in these cases. The sole question presented involves the application of Code, 56-4-56, which reads as follows: “A plaintiff in equity may have any plea or demurrer set down to be argued. If the same be overruled, no other plea or demurrer shall afterwards be received, but the defendant shall file his answer, in court, if in session, or, if not in session, in the clerk’s office of the court in which the suit is pending, within fifteen days after the overruling of his plea or demurrer, unless, for good cause shown,…