Gross v. Miller

This action was brought to recover on a promissory note. The complaint was in the usual form. The defendants answered admitting the execution and delivery of the note, pleading payment thereof, and further counterclaiming for money had and received. To this answer, and counterclaim, the plaintiff replied. The cause came on for trial to a jury. During, the course of the trial, the defendants moved to dismiss the- counterclaim, which motion was granted. Defendants then moved to strike the reply. This motion also was granted, over the objection .of the plaintiff.) At..the .close-.of the .whole…