Rose v. McKeehan

Opinion of the Court by

Drury, Commissioner

Affirming.

Prom a $565 judgment recovered- against them, R. S. Rose, his wife, and his son-in-law, C. B. Upton, have appealed, and complain of the rendition of this judgment, and Mr. Upton complains of the dismissal of a counterclaim he had asserted against W. R. Lay.

This action was begun by the trustees of the National Bank of John A. Black to recover upon a note •executed to that bank, to which an unsuccessful defense was made, and Mr. Upton sought by counterclaim to impose the payment of this note on Mr. Lay. The nature of these pleas is such as to…