Wilkes v. Sheppard

Felton, Chief Judge.

The parties stipulated that the plaintiff would testify that the dog sued for belonged to him. Since there was no evidence contradicting this fact, the court did not err in directing a verdict in favor of the plaintiff for the dog.

The questions concerning the motion to dismiss the defendant’s plea in abatement and plea of setoff can be answered together. The court did not err in striking the plea in abatement for the same reason that he erred in refusing to dismiss the plea of setoff or counter-claim. The plea in bar and the plea of set-off, or counter-claim, involved a…