Wilson v. Dallas

This action ivas begun in the county court to recover rent due upon a written lease. The defendant denied indebtedness, and pleaded a counterclaim for repairs necessary to make the premises habitable. From a judgment *606for defendant, plaintiff appealed to the district court, where a trial was had which resulted in a judgment in his favor. Defendant appeals.

The first answer filed in the district court contained a general denial. Plaintiff filed a motion to strike this portion of the answer for the reason that it raised a new issue not raised in the county court. The sustaining of this motion is…