Legal Opinion

Moffitt v. Asher

Court of Appeals of Kentucky

Decided February 22, 1957PublishedCited by 6 opinions

1Opinion of the Court

MONTGOMERY, Judge.

The automobiles of the appellant, Saul Moffitt, and appellee, Wiley Asher, collided. Asher sued Moffitt and recovered judgment in the sum of $750. On the appeal, Moffitt contends that the trial court erred in permitting a reply to be filed after the time allowed under CR 12.01 had expired.

The appellant filed an answer and counterclaim on October 8, 1955, by which he sought to recover $3,500 in damages. By an order dated December 6, 1955, the case was set for trial on January 19, 1956, a day in the next term of the court.

The reply was filed December 19, 1955. It was a simple…

2Cases cited1 opinion

  1. Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1942

3Cited by6 opinions

  1. Rogers v. Lyle Adjustment CompanyNew Mexico Supreme Court · 1962
  2. Clark County State Bank v. BennettIndiana Court of Appeals · 1975
  3. BANKERS UNION LIFE INSURANCE COMPANY v. FioccaColorado Court of Appeals · 1975
  4. Spradling v. Boone County Planning CommissionCourt of Appeals of Kentucky · 1970
  5. Credit Bureau Systems, Inc. v. ElamUnited States Bankruptcy Court, E.D. Tennessee · 2019

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