Carey v. Hart

Appellant, .Carey, brought his action of ejectment against appellee. After filing a plea of the general issue, appellee, proceeding under authority of the Act of September 28, 1915 (Acts, p. 830), filed his motion in writing, averring matters of equitable right or defense, and praying that the cause be transferred to the equity side of the docket, which motion, after contest by appellant, was granted, and an order of transfer made accordingly. The statute in such cases (top of page 832) provides that—

“Within thirty days after any such cause has been so transferred the plaintiff or complainant…