The York Legal Record, volume 36

Cover The York Legal Record, volume 36
The York Legal Record, volume 36
Samuel C. Frey
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p. of York Co.
Keefer v. Spahr Pleading and practice — Affidavit of defense in trespass — Counter claim in trespass.
A counter claim can not be introduced in an action for damages resulting from negli- gence.
Where the defendant in an action for dam- ages resulting from negligence filed an affi- davit of defense setting up a counter claim for damages resulting from negligence in the .sanne occurance on which the plaintiff's ac- tion wa.s based, and endorsed thereon a notice to the plaintiff to
...reply thereto within fifteen days, it was Held: That the defend- ant can not set up a counter claim in said action, and that the notice to the plaintiff to reply to the defendant's claim must be stricken off.
Motion to strike off part of the affida- vit of defense in James F. Keefer and Karl Keefer, a minor, by his father and next friend, James F. Keefer, vs. Charles M. Spahr, No. 27 January Term, 1922, in the Court of Common Pleas of York County, Pa. Motion allowed.
Samuel Kurtz, for motion.


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