Kinney v. Beaver

Citations

• 140 F. 792
• 1905 U.S. App. LEXIS 4837

Syllabus

<p>1. ~Pleadtng — Failure to Serve — Excuse.</p> <p>The court may, in its discretion, relieve a party from the consequence of his failure to serve a copy of a pleading filed by him on the opposite party or his attorney as required by rule 20, § 7, where a reasonable excuse is shown, as that it was through inadvertence of his counsel, and where the pleading was subsequently served.</p> <p>2. Same — Affidavit of Defense — Oases Requiring.</p> <p>Judgment will not be granted for want of an affidavit of defense where, while plaintiff’s suit is in form assumpsit, it appears from an examination of his statement that the real cause of action is in tort, in which form of action no affidavit of defense is required.</p>