MOFFITT v. ASHER


302 S.W.2d 102 (1957)

Saul MOFFITT, Appellant, v. Wiley ASHER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 7, 1957.


Attorney(s) appearing for the Case

J. Leonard Davis, Harlan, for appellant.

Roy W. House, Manchester, for appellee.


MONTGOMERY, Judge.

The automobiles of the appellant, Saul Moffitt, and appellee, Wiley Asher, collided. Asher sued Moffitt and recovered judgment in the sum of $750. On the appeal, Moffitt contends that the trial court erred in permitting a reply to be filed after the time allowed under CR 12.01 had expired.

The appellant filed an answer and counterclaim on October 8, 1955, by which he sought to recover $3,500 in damages. By an order dated December 6, 1955...

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