Deering Harvester Co. v. Thompson

The Deering Harvester Company brought suit against Thompson, in the superior court. The defendant did not file any plea or answer at the appearance term, but at that term an order was passed allowing him sixty days within which to file a plea. This order was taken without the consent of the plaintiff or its attorneys. The defendant filed a plea within sixty days after the passage of the order, but after the adjournment of the appearance term. At the trial term the court, upon motion of the plaintiff, struck the defendant’s plea, upon the ground that it was not filed in time. The defendant…