Lewandowski v. Crawford

Opinion by

Montgomery, J.,

This is an appeal by the plaintiff from a judgment entered in defendant’s favor on the pleadings.

The action in trespass was commenced by summons. Subsequently a complaint duly endorsed with notice to defendant to answer within twenty days was filed and served. The defendant answered and under new matter set forth a release but did not endorse his pleading with notice to plaintiff to answer the new matter. Within twenty days after this pleading was filed the plaintiff ordered the case on the trial list without filing an answer to the new matter. Three years later…