Lummus Cotton Gin Co. v. Wise

Pee CueiaM.

On tbe admissions in tbe answer, but for the counterclaim alleged therein, tbe plaintiff was entitled to judgment on tbe pleadings. Tbe burden of proof was therefore on tbe defendant, as tbe trial judge correctly ruled.

A counterclaim is a cross-action by tbe defendant against tbe plaintiff. Tbe burden of proof is always on tbe defendant, who admits tbe cause of action alleged in tbe complaint, and relies upon a counterclaim alleged in bis answer, which is denied' in tbe reply. In tbe absence of evidence tending to support tbe counterclaim, tbe defendant should be nonsuited. McQueen…