Newby v. Rosees

This is the case of Newby v. Bogers, 40 Ind. 9, wherein the law governing it was essentially settled. Upon its remandment by that decision, the appellee withdrew all the paragraphs of his complaint except the eighth and ninth, upon which the case now stands. To these paragraphs the appellant filed separate demurrers, alleging as ground the insufficiency of the facts stated. The demurrers were overruled and exceptions taken; whereupon the appellant answered,—

1. General denial, and filed his counter-claim in paragraphs second, third and fourth.

To these paragraphs of counter-claim, demurrers,…