Tulare Building & Loan Ass'n v. Coleman

Citations

• 5 Cal. Unrep. 334
• 44 P. 793
• 1896 Cal. LEXIS 1050

Syllabus

<p>Mortgages—Foreclosure—Pleading—Dilatory Practice.—In foreclosure, after a demurrer to the petition had been overruled, defendants were granted fifteen days to answer, and on their motion were given five days more. They filed an answer May 2, 18-95, which plaintiff moved to strike out because unverified. Defendants confessed the motion, and asked leave to file an amended answer, purporting to have been verified April 3, 1895, by a defendant who claimed no interest in the premises. There was no showing why the verified answer, which stated no defense, was not filed in the first instance, it being an exact copy of the other. Held, that the court did not err in denying leave to file the amended answer.</p>