Smith v. Silvers

A demurrer was filed to the complaint and confessed; and thereupon an amended complaint, not essentially different from the original, was filed, together with interrogatories. The court 'refused a motion to strike out the amended complaint; and this is assigned for error. The question seems too plain for extended consideration.

There was no rule upon the defendants to answer the interrogatories; nevertheless, for want of an answer to them the.court refused to allow a defense to be- pleaded and entered judgment for the amount of the note, together with a reasonable sum for attorneys5' fees, as…