Gannon v. Dougherty
Before: Wallace
Synopsis
Counterclaim—Pleading Must Show Its Existence at Commencement oe Action.—Where an answer, in setting up counterclaims in the nature of a promissory note and work and labor, failed to show when the note was due or the work and labor performed: held, that it did not appear that the counterclaims relied on existed in favor of defendant at the commencement of the action, and that a demurrer on the ground of not stating facts sufficient to constitute counterclaims was properly sustained.
Damages for Frivolous Appeal.—Where an appeal is clearly without merit, damages will be imposed by the appellate Court.
By the Court, Wallace, J.: The demurrer was properly sustained; it did not appear that the counterclaims relied upon existed in favor of the defendants at the time of the commencement of the action.
There is nothing in the other points; the appeal is without merit, and the judgment is affirmed, with ten per cent damages.
Mr. Justice Crockett did not participate in the foregoing decision.
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