Cashman v. Anderson

This suit is on a negotiable promissory note executed by the defendants to J ames G. Guthrie and endorsed by him before its maturity to the plaintiffs. At the return term the defendant Thompson E. Anderson filed his answer, but his co-defendant did not answer. The case was set on the docket for trial on the seventh day of the term, and on the fifth day the plaintiffs filed their motion to strike out the answer for the reason that it did not contain matter constituting a de-*68fence. The motion was heard on the day it was filed and sustained, and thereupon the defendant asked leave to amend his…