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LEONCAVALLO v. EVANS

109 A.2d 395 (1954)

Salvatore Michael LEONCAVALLO, Plaintiff below appellant, v. Harold D. EVANS, Defendant below appellee.

Superior Court of Delaware, New Castle.

November 9, 1954.

Attorney(s) appearing for the Case

Stephen E. Hamilton, Jr., Wilmington, Del., for plaintiff below.

Donald W. Booker, Wilmington, Del., for defendant below.

LAYTON, Judge.

The facts constituting the Evans counterclaim are the same as those forming the subject matter of his suit against Leoncavallo in the Court below. The parties are the same. The matter is res adjudicata. Jones v. Charles Warner Co., 2 Boyce 566, 83 A. 131. Rule 13, of course, permits the filing of a counterclaim but the subject matter of this counterclaim has been litigated and he is barred from asserting it.

Evans complains that to sustain the...

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