Smith v. Minor

WILLSON, O. J.

(after stating the case as above).

As. we view the record, there is no merit in either of the three contentions presented in the brief of plaintiffs in error. The first and second of the three are on the theory that the amended answer of the defendants in error in which they sought affirmative relief was not filed until after the motion of' plaintiffs in error to dismiss their suit was filed, whereas it appears from recitals in the judgment, as shown in the statement above, that said amended answer was filed before said motion to dismiss was filed. The rule applicable in that…