Kassler v. . Tinsley

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.