Burroughs v. Garrison

The defendant’s time to answer was extended, by order of the court, to April 9, 1873. On March 25, 1873, plaintiff moved on notice to vacate that order. The court denied the motion, upon defendant’s attorney signing a stipulation “that defendant *145should take short notice of trial for April term, and date of issue be when answer was originally due, being on February 28.” Such stipulation was made on said March 25, and pursuant thereto plaintiff served a notice of trial for the first Monday of April, 1873, and defendant admitted due service. Plaintiff filed a note of issue in due time, and the…