Beakey v. Meerschen

Citations

• 78 Kan. 538
• 97 P. 478
• 1908 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Reply — New Matter. Where a defendant in a civil action files an answer which, in addition to a defense to the cause of action- stated in the petition, alleges facts which constitute a new and independent cause of action by way of set-off, and prays for judgment thereon, the plaintiff may not in his reply aver new matter which constitutes a counter-claim or set-off upon which he asks for affirmative relief, but his statements must be confined to facts which constitute a defense to the answer.</p>