Arthurs v. Thompson
Court of Appeals of Kentucky
Case 37 — PETITION ORDINARY APPEAL PROM GREENUP CIRCUIT COURT. 1. The court erred in striking from appellant’s answer the matters pleaded as a counter-claim. (Civil Code, sec. 96; Idem, sec. 113, sub-sec. 2; 7 Wait’s Actions and Defenses, pp. 530-534; Murphy, v. Hubble, 2 Duv., 247-253; Tinsley v. Tinsley, 15 B. M., 454-461; Rooney v. Tierney, 82 Ky., .255.) 2. It was also error to strike from the record the amended answer and set-off.
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Case 37 — PETITION ORDINARY APPEAL PROM GREENUP CIRCUIT COURT. 1. The court erred in striking from appellant’s answer the matters pleaded as a counter-claim. (Civil Code, sec. 96; Idem, sec. 113, sub-sec. 2; 7 Wait’s Actions and Defenses, pp. 530-534; Murphy, v. Hubble, 2 Duv., 247-253; Tinsley v. Tinsley, 15 B. M., 454-461; Rooney v. Tierney, 82 Ky., .255.) 2. It was also error to strike from the record the amended answer and set-off. If the claim asserted did not possess the elements of a counter-claim, it certainly did possess the elements of a set-off. (Civil Code, sec. 96, sub-sec. 2; 7…
1Opinion of the Court
JUDGE EASTIN
delivered the opinion oe the court.
This action was brought by appellee on an open account for goods sold and delivered, and for money loaned to appellant. The latter filed a pleading in the court below, which was styled and denominated by the pleader as an “Answer.and Counter-claim,” in which he relied, in defense of the cause of the action set up in the petition, upon two or more alleged items of indebtedness which he claimed were due to him from appellee, and for which he asked judgment over against appellee.
A motion by counsel-for appellee to strike out from that pleading…
2Cases cited1 opinion
- Cason v. CasonCourt of Appeals of Kentucky · 1881
3Cited by3 opinions
- Markwell v. KahlkoffCourt of Appeals of Kentucky (pre-1976) · 1935
- Montgomery v. MontgomeryCourt of Appeals of Kentucky · 1904
- Equitable Life Assurance Society of the United States v. CommonwealthCourt of Appeals of Kentucky · 1902