Yates v. Vail

OPINION OF THE COURT

BOTTS, J.

Suit by defendant in error, Yail, to foreclose.a mortgage made by the plaintiffs in error. The latter answered and cross-complained against Yail and the other two defendants in error who were brought in as new parties by the cross-complaint. Defendants in error filed their separate “replies” to the cross-complaint. Plaintiffs in error, Yates and wife, filed their motion to strike certain parts of the replies, and also a “motion” objecting to the case going to trial until they had replied to the new matter of the “replies” of the defendants in error, claiming that…