Mallan v. Higenbotham

Stalloup, C.

The main question raised by the assignments of error, and discussed and fairly presented for the opinion of this court by the briefs of the respective counsel, is whether there was error in the following proceedings of the district court, to wit: First. Was it error for the court, after the statutory time for answering the plaintiff’s complaint had expired, and without notice to the plaintiff, to permit the defendants to withdraw their demurrer previously filed, and to file instead an answer to the complaint, accompanied by a cross-demand against the plaintiff? Second. Was it…