Adams & McGahey v. Neill

Briefs having been filed by the parties and by amici curiae on motion for rehearing, the opinion heretofore filed in this cause is withdrawn and the following substituted therefor.

SEYMOUR, Justice.

In the trial court defendant filed his answer to plaintiff’s complaint, the answer containing denials of essential allegations of the complaint; further set forth in defendant’s answer were two affirmative defenses and three counterclaims. Plaintiff moved to dismiss the first and second counterclaims. After hearing, the motions were sustained and defendant was “granted 30 days within which to…