Coach v. Adsit

Defendant, having filed an answer in which he claimed the right to affirmative relief as though upon a cross-bill, entered the default of the complainant for his failure to file an answer to the new facts set up in defendant’s answer upon which the claim to affirmative relief was asked, a replication in the usual form only having been filed. This default having been set aside upon motion, defendant asks a mandamus requiring the circuit judge to vacate his order, it being contended that the replication is not a sufficient denial of the matter set up in the answer.

Chancery Rule No. 123 was…