Gibson v. Brown

The plaintiff instituted an action to foreclose two mortgages. The defendant has interposed an answer affirmatively alleging usury both as an affirmative defense and as a counterclaim. The plaintiff has interposed no reply to the alleged counterclaim. Upon the trial the plaintiff adduced proof as to the mortgage and the alleged default and rested. The defendant then moved for judgment on the counterclaim and rested. Thus a question of law is presented for this court’s determination. The defendant maintains that inasmuch as a counterclaim has been alleged by failing to reply to the allegations…