Wright v. Wheat

Opinion of the Court by

Judge Willis

Reversing.

H. W. Wheat instituted an action against C. C. Scott to recover a balance of $400 alleged to be due on a promissory note, and to enforce a chattel mortgage given to secure it. Scott interposed a plea of payment. The court entered an order requiring Scott to make his answer more definite, which he declined to do, and thereupon the court struck his answer from the record, and rendered judgment for the plaintiff. Scott appealed to this court, and the judgment was reversed. Scott v. Wheat, 216 Ky. 655, 288 S. W. 291.

On the return of the CEfse, amended…