Guardian Discount Co. v. Settles

Nichols, Presiding Judge.

The first question to be considered is whether the defendants’ answer as originally filed was subject to the plaintiff’s motion to strike. The plaintiff’s petition followed the “Jack Jones” or short form, adding only the yearly value of the automobiles, and the original answer set up title to such automobiles to be in a third party. The written motion to strike is based on the theory that the rights of Universal CIT Credit Corporation, which is not a party to the case, cannot be adjudicated in the present action but must be the basis of a separate action.

“In trover…