Legal Opinion

Cason v. Cason

Court of Appeals of Kentucky

Decided November 17, 1881PublishedCited by 5 opinions

Case 117 — EQUITY APPEAL 'FROM HARRISON CHANCERY COURT. '1. The defendant was not entitled to judgment on his counter-claim, as the caption of his answer did not contain the words “ answer and counter-claim,” '2. It was error to allow the defendant to file the amended answer. 8. The proof did not authorize the recovery. 1. The proof authorized the recovery. -2 It was proper to allow the amended answer to be filed to conform the pleadings to the proof.

1Opinion of the Court

■JUDGE PRYOR

delivered the opinion of the court.

Subsection 4 of section 9,7, .chapter 4, of the .Civil Code, provides, that “a defendant shall not have judgment upon *559a set-off or counter-claim, unless the caption of the answer contain the words answer and- set-off, or the words answer ahd counter-claim; but a misdescription in the caption of the nature of the defendant’s claim shall not prevent him from having judgment; nor shall a plaintiff have judgment upon a counter-claim, unless the caption of his reply contain the words reply and counter-claim.”

The object of this provision is to apprise…

2Cited by5 opinions

  1. Lacey v. LaceyCourt of Appeals of Kentucky · 1893
  2. Preston v. Preston's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Lancaster v. CambronCourt of Appeals of Kentucky · 1914
  4. Arthurs v. ThompsonCourt of Appeals of Kentucky · 1895
  5. Miles v. BoyleSouth Dakota Supreme Court · 1910

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