Sirmans v. Sirmans

Quillian, Justice.

Levi J. Sirmans instituted an equitable action against Mansfield S. Sirmans in Lanier Superior Court. The prayers of the petition were for injunctive relief and the cancellation of a deed. The defendant failed to file defensive pleadings within 30 days after service of process. He did, however, file his answer within 14 days from the appearance day and paid $12.50 as the accrued costs. The plaintiff made a motion to strike the defendant’s answer and alleged: “plaintiff’s petition was served upon the defendant on December 17, 1965, and defendant’s answer was filed in the…