City Stores Company v. Henderson

Eberhardt, Judge.

Appellees, Mr. and Mrs. Henderson, have filed a motion to transfer the case to the Supreme Court on the ground that the setting off of an ex contractu claim against an ex delicto action involves the exercise of equity-powers of the trial court, hence asserting that this is an equity case.

We decline to transfer the case because we can find nothing in it requiring the exercise of equity powers. In a legal sense no setoff is involved. “A setoff is a cross action, and must be pleaded with as much certainty and definiteness as a declaration in any suit at law. Kahrs v. Kahrs, 115…