Robertson v. Bennett

Motion that the plaintiff’s attorney accept an amended answer after the service upon him of a demurrer to the complaint, under section 172 of the Code. The action is for an alleged libel. The defendant served the plaintiff with a demurrer to the complaint. Eleven days after the service, the defendant served the plaintiff with an answer withdrawing his demurrer. The plaintiff returned the answer, claiming that he had noticed the case for argument on the demurrer. Defendant claims that the demurrer is a pleading, and that he had the right to amend any time before the expiration of twenty days.…