Tabero v. Sutkowski

Plaintiff, the assignee of a deficiency decree for $1,824.99, rendered in a foreclosure suit against Sutkowski, being unable to collect the deficiency, filed his creditor’s bill to discover assets of Sutkowski, who will hereinafter be referred to as defendant. Defendant filed his answer and counterclaim by which he denied he was liable for the deficiency and sought to have the collection of it perpetually enjoined. Plaintiff filed a written motion to strike the answer and counterclaim. The motion was allowed and defendant appeals.

Plaintiff contends that the order entered is but interlocutory…