Miller v. Wilkinson

This appeal on questions of law is from the overruling of defendant’s second successive motion to vacate a judgment entered for plaintiff by the Common Pleas Court.

In 1961 plaintiff filed a short form petition for recovery *130of money only. In 1962, after many leaves, defendant filed an answer. Demurrer to the answer was sustained and leave to plead over was conditioned on defendant’s showing cause therefor by motion and tendering of the pleading to the trial judge for examination before filing. Such leave expired February 23, 1963, without the showing of cause or tender of the pleading prior…