Hickman v. Frazier

The majority opinion reverses the trial court, and holds that defendant was not entitled to file and prosecute her counterclaim for damages in this action.

Marian Hickman, as plaintiff, filed suit against Josie Frazier, as defendant, to recover a certain tract of land in Burke County, alleging that Frazier was in possession of Hickman’s land. Frazier filed an answer and counterclaim, in which she alleged plaintiff was guilty of bad faith in prosecuting said action, has been stubbornly litigious, and has put defendant to unnecessary trouble and expense of litigation in the amount of $3,000.

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