Mydland v. Mydland

*498The opinion of the court was delivered by

HoCH, J.:

This is an action for the partition of real estate. A demurrer was sustained to the original answer of one of the defendants and no appeal was taken. Thereafter, such defendant filed an amended answer, out of time and without leave of court and after the term of court had passed. Plaintiff filed a motion to strike the amended answer from the files. From an order sustaining the motion defendant appeals.

The allegations of the pleadings need not be recited in detail. Statement of a few essential facts will suffice to indicate the questions here…