Rossi v. Benedict

The opinion of the court was delivered by

Mirturn, J.

The action was commenced by service of summons upon the defendant, to which summons there was attached a state of demand. Upon the state of demand there was endorsed a notice requiring specification of defences to be filed on or before the return day. On the return day the specification of defences was filed. The trial of the ease was adjourned by consent, December 14th, 1921, and on ihe adjourned day the parties, with their attorneys and witnesses, were present ready for trial. The plaintiff moved for judgment on the pleadings, and gave as…