Lincoln Financial Corp. v. Ferrier

I concur in the result of the opinion by Justice Crockett; however, in the fourth paragraph of his opinion he inserted a statement about filing a counterclaim in an action for unlawful detainer to which I cannot agree. In stating that it was proper *1106to do so, he relied upon two cases1 which I shall subsequently discuss.

The law of this state was correctly set forth in two Utah cases a number of years ago and neither has ever been overruled. The first case is Dunbar v. Hansen2 where the defendant undertook to file a counterclaim in a statutory action of unlawful de-tainer. This Court said in…