55 F. 729 | U.S. Circuit Court for the District of Southern Ohio | 1893
These cases are before the court on motions filed August 27, 1892, to set aside default judgments taken
In Robinson v. Keys, 9 Humph. 144, leave was given to plaintiff to amend his declaration, and to defendant to plead to tbe declaration as amended. It was held that by these leaves there was an abandonment of all existing issues, and that, if tbe defendant failed to plead to tbe amended declaration, tbe plaintiff was entitled to judgment by default, notwithstanding tbe plea of tbe general issue to tbe original declaration remained on file. Tbe court said that tbe question might be otherwise bad the defendant not shown such abandonment by taking leave to plead. This decision is in accord with Huckvale v. Kendal, 3 Barn. & Ald. 137. In that case
The motions for new trial will be overruled, with costs.