Rodesch v. Estey

He. Justice Dibell deliveeed the opinion of the Couet.

On Hay 11,1895, Estey & Gamp, appellees herein, brought this action of assumpsit against Robert A. Rodesch in the court below, by suing out a summons returnable on the third Honday of September following, which writ was served on Hay 18th. Plaintiffs never filed a declaration. On the first day of the return term, defendant filed a plea of general issue, and attached thereto a notice of set-off. Plaintiff moved to strike said plea and notice from the files, which motion was granted. Afterward defendant moved for a rule on plaintiffs to file…