Edward Barr Co. v. George M. Kuntz, &c. Co.

McAdam, Ch. J.

The defendant, a corporation, sued upon a promissory note, served with its answer a copy of an order made pursuant to section 1778 of the Code, directing that the issues presented by the pleadings be tided. This is all the Code required the defendant to do ás a condition of being allowed to interpose its defense to the cause of action. The plaintiff subsequently amended his complaint by leave of the court. The defendant in due time served its "answer thereto. The plaintiff declined to receive it, because not accompanied by a judge’s order allowing the defendant to try thé new…