Kassler v. . Tinsley

Supreme Court of North Carolina

Kassler v. . Tinsley

153 S.E. 411, 198 N.C. 781, 1930 N.C. LEXIS 485

CourtSupreme Court of North Carolina

DecidedJune 6, 1930

StatusPublished

Cited by2 cases

This text of 153 S.E. 411 (Kassler v. . Tinsley) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kassler v. . Tinsley, 153 S.E. 411, 198 N.C. 781, 1930 N.C. LEXIS 485 (N.C. 1930).

Pincite

Opinion

Stacy, C. J.,

after stating the case: It was held in Lumber Co. v. Welch, 197 N. C., 249, 148 S. E., 250, construing chapter 18, Public Laws, Extra Session, 1924, that, unless a copy of the answer containing a counterclaim is served on the plaintiff or his attorney, the allegations going to make up such counterclaim are to be considered and dealt with as denied. Hence, under authority of the Welch case, it would seem that the plaintiff’s motion is well founded.

Reversed.

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Stacy, C. J.,

after stating the case: It was held in Lumber Co. v. Welch, 197 N. C., 249, 148 S. E., 250, construing chapter 18, Public Laws, Extra Session, 1924, that, unless a copy of the answer containing a counterclaim is served on the plaintiff or his attorney, the allegations going to make up such counterclaim are to be considered and dealt with as denied. Hence, under authority of the Welch case, it would seem that the plaintiff’s motion is well founded.

Reversed.

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Bluebook (online)

153 S.E. 411, 198 N.C. 781, 1930 N.C. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kassler-v-tinsley-nc-1930.

Opinion

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