Jackson v. Mathis

In the brief of plaintiff in error, after the statement that “there is only one "question to be determined by the court in this case,” we find the following: “The question to be determined is, does the dismissal of the plaintiff’s petition and putting it out of court in [end?] the suit, or can the defendant proceed with the cross-action after putting his adversary, together with his petition, out of court?” This question seems absolutely settled adversely to the contention of the plaintiff in error by a number of decisions of the Supreme Court. In Ray v. Home & Foreign Investment Co., 106 Ga.…