Driggers v. Commercial Credit Corp.

BROCK, Chief Judge.

The only question properly before us for review is the interpretation placed upon G.S. 1A-1, Rule 13(a), by the trial judge. We express no opinion upon Driggers’ allegations of fraud or the alleged damages arising therefrom.

The pertinent provisions of G.S. 1A-1, Rule 13(a), are:

“A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim ...”

As can be seen, the rule refers to a claim…