Western Auto Supply Co. v. Hornback

Western Auto Supply Company filed a replevin action in the circuit court of Lawrence County against Milburn Hornback, d/b/a Western Auto Associate Store, seeking to recover inventory and other collateral in satisfaction of a note and open trade account obligation. Attorney Stanley Durka entered his appearance for Hornback after the order for replevin had been entered.

Durka filed a pleading titled “Defendant’s Verified First Amended Answer and First Amended Counterclaim at Law,” naming numerous employees of Western Auto Supply as third-party defendants and charging them with fraud, breach of…