Belcher v. Bays

Kenna, Judge:

Ira W. Belcher, trustee for the benefit of creditors of Raleigh Radio & Refrigerator Company, named in an assignment executed by that corporation on August 4, 1936, brought this notice of motion against T. L. Bays in the Circuit Court of Greenbrier County. Upon the return day, a jury was sworn to try the general issue, but when it developed that the defendant claimed off-sets that had not been pleaded, a mis'-trial was allowed and the proceeding continued. Thereafter Bays appeared again, and having theretofore plead the general issue and filed a counter affidavit, filed a plea of…