Hancock v. Piper

The defendants bring timely interlocutory appeal from an order denying their motion to dismiss. The appellants contend, that the court lacks jurisdiction over the parties and over the cause.

The briefs and appendix reveal that on 10 September 1964 plaintiffs’ amended complaint was dismissed with twenty days leave to amend. On 29 September 1964, plaintiffs mailed their second amended complaint to the Clerk of Circuit Court and to the defendants. Since the amended complaint was not actually filed until the twenty first day on 1 October 1964; the defendants moved to dismiss the action for lack of…