Neth v. Kaylor

GIBSON, District Judge.

The complaint purports to set forth a joint action against four defendants for deceit and fraud. An answer and counterclaim was filed on behalf of the defendants, but signed by only three of them. By the answer one of the defendants is alleged to be a resident of the Eastern District of Pennsylvania, but an appearance was entered for him by the attorney who filed the answer (termed an affidavit of defense and counterclaim) for all defendants. The answer was filed on August 24, 1939. On September 8, 1939, another attorney appeared for the alleged non-resident defendant…