Miami Butterine Co. v. Frankel

Grice, Justice.

The first question for consideration relates to the court’s overruling of a motion by the plaintiff to strike the demurrers, plea of non est factum, answer and cross-action of the Miami Butterine Company, filed on February 17, 1937, on the ground that they were too late. The action was returnable to the November term, 1936, and the demurrers, general and special, plea, answer and cross-action were not filed at that term, but at the next succeeding term. “All demurrers and pleas shall be filed at the first term.” Code, § 81-301. “In all cases demurrer, pleas, and answer shall be…