Carter v. Grimmett

The defendant in error, Sam Grimmett, instituted this action in the district court of Craig county on the 17th day of November, 1916, against John H. Carter, defendant, to recover possession of 80 acres of land, to quiet title, and for rents and profits. The defendant filed a demurrer to the plaintiff’s petition, which was heard and overruled on the 21st day of June, 1917, and the defendant given five days to answer. It appears from the record the demurrer was acted upon by the court in the absence of the defendant and his counsel.

The cause was by order of the court set for trial on the 6th.…