
    Kimmel v. Pratt.
    Error to the District Court of Hancock County.
    
      J. F. Burlcet, for plaintiff in error.
    
      A. Blackford and John Foe, for defendant in error.
   By the Court.

The plaintiff against whom an answer “ demanding affirmative relief ” is filed, is “ a defendant to a cross-petition,” and section 5097, Revised Statutes, gives him until “the third Saturday after the cross-petition is filed” to plead to it. A judgment taken by such defendant before said third Saturday without the knowledge of the plaintiff, is obtained by “irregularity,” and should be set aside by a proceeding under chapter six, division four, of title one, Revised Statutes.

Judgment affirmed.  