Wood v. Ordway

The facts upon which this motion rests were admitted by counsel upon the argument and are also set forth in their briefs. The complaint was served personally on the 21st day of January, 1909. T'he answer was served on February 9, 1909, by mail. An amended answer was served by mail March 18, 1909, thirty-seven days after the mailing of the original answer. On March 19, 1909, the plaintiff returned the amended answer indorsing the same “ blot served in time.” On the 21st of March, 1909, the plaintiff moved for judgment.

*182It was contended by the plaintiff that the answer, although served by mail,…