Deckard v. Mathers

This appeal comes to us from a summary judgment granted in the trial court against defendant-appellant on his counterclaim in four Paragraphs in an action originally filed by plaintiff-appellee in ejectment for the recovery of the second floor, or apartment, in a building in Bloomington, Indiana.

Plaintiff-appellee did, on October 9, 1970, file a motion to strike, a motion to dismiss or in the alterative a motion for summary judgment on all four Paragraphs of Deckard’s counterclaim. These pleadings, including the motion for summary judgment, were supported at that time by several exhibits,…