Feld v. Loftis

The plaintiffs in error in this case, in speaking of the course of the pleadings, say that “By going to trial without first procuring a rule on plaintiffs in error” (the defendants) “to file rejoinders,, defendant in error” (the plaintiff) “waived any right to complain of the lack of rejoinders.” We do not find in the argument of the defendant in error any complaint of “the lack of rejoinders,” but they do say, “Without traversing these replications, the plaintiffs in error treated them as traversed, the case at issue, and proceeded on January 23, 1907, to try the issues thus joined by a…