Timberlake v. Norris

MASON, V. C. J.

The plaintiffs in error commenced this action in the lower court against P. A. Norris to recover a judgment in the sum of $50,000. The defendant filed answer and cross-petition in which he sought to recover damages against the plaintiffs in the sum of $5,000. Thereafter, the motion of plaintiffs to strike defendant’s cross-petition and their demurrer to the defendant’s cross-petition were denied. The plaintiffs then dismissed their case and filed no further pleadings as to the defendant's cross-petition. Thereafter, on the 19th day of January, 1926, the trial court rendered…