Scott v. Jordan

Tbe code of civil procedure prescribes that where the answer contains new matter constituting a counterclaim, the plaintiff may plead in his reply “any new matter not inconsistent with the complaint, constituting a defense to the new matter in the answer.” G.S. 1-141.

The defendant contends on her first appeal that Judge Nettles ought to have stricken the reply for want of conformity to this provision of the code. She asserts initially that the reply departs from the plaintiff’s case as made in his complaint and introduces new matter inconsistent with it; and she insists secondarily that the…