Stokes v. Ottoman American Development Co.

W. E. D. Stokes, Jr., brought in as a defendant under section 271 of the Civil Practice Act, moves under rule 109 of the Rules of Civil Practice to dismiss the counterclaims and defenses in the amended answer of defendant Ottoman American Development Company. It is difficult to comprehend the theory upon which the moving party seeks to dismiss defenses to plaintiff’s cause of action, and it is equally so in respect to the attack upon the counterclaims affecting the plaintiff. In so far as the moving defendant seeks the dismissal of the counterclaims as against himself, he must fail, for the…