Wyman v. Werner

Citations

• 14 S.D. 300
• 85 N.W. 584
• 1901 S.D. LEXIS 13

Syllabus

<p>Where plaintiff’s demurrer to the answer alleging new .matter is overruled, and he then files a trial notice, it is not error to overrule defendant’s motion to strike the case from tlie calendar on the ground that there is no issue of fact, because plaintiff has not obtained leave to withdraw his demurrer, since Comp. Laws, § 4933, does not require plaintiff to plead to an answer, and the filing of a trial notice is equivalent to withdrawal of the demurrer.</p>