Cleveland v. Stanley

Suit by Stanley against Cleveland upon a note. Answer, payment. Replication.

The defendant filed interrogatories, to be answered by the plaintiff, who was ruled to answer them; but no time was fixed within which they were to be answered. There*550upon Stanley’s attorney filed an affidavit that Stanley was not present, nor did the affiant know where he might be found, nor the place of his residence, wherefore the interrogatories could not be answered without delay, and asked that the rule might be discharged, unless the defendant should comply with the statute, &c.

The defendant offered to prove…