White v. District Court of Fourth Judicial Dist. in & for Utah County

Clyde C. Lewis and Verona D. Lewis commenced an action in the above named District Court, against Clara A. White and Kathryn Grange White for possession of certain real property. The Whites filed their answer and also a counterclaim. Upon proper motion, the court struck the counterclaim upon the ground that it could not be asserted in an action for unlawful detainer. Prior to the adoption of the New Rules of Civil Procedure, that was the law of this state, Dunbar v. Hansen, 68 Utah 398, 250 P. 982; Forrester v. Cook, 77 Utah 137, 292 P. 206; Christy v. Guild, 101 Utah 313, 121 P. 2d 401.

The…