Merrick v. Homer

FOLTA, District Judge.

Upon plaintiff’s failure to reply to’the affirmative defenses set up in the several answers, the time for which had expired November 17, 1948, defendants moved for a judgment on the pleadings. On December 30 plaintiff moved for leave to *252file the reply tendered with his motion. The motion and supporting affidavit show adequate grounds for an extension, but no excuse whatever for failing to ask for an extensión.

Sec. 55-5-77, A.C.L.A.1949, provides that:

“The court may likewise, in its discretion and upon such terms as may be just, allow an answer or reply to be made or…