Rhule v. Thrasher

Defendant has appealed from a judgment in favor of plaintiff. The action was originally brought in a justice court for the recovery of $100, alleged to have been paid by plaintiff to defendant as rent on certain premises, the possession of which was not delivered. Issue was joined by general denial and defendant set up a counterclaim. Judgment went for plaintiff and defendant appealed to the district court; at the commencement of the trial therein, defendant objected to the introduction of any testimony on the ground of insufficiency of the complaint, which objection was overruled. At the…