Allen Lumber Co. v. Howard

Opinion of the Court by

Judge Perry

Affirming.

This action was brought by O. M. Howard against the Allen Lumber Company, of Middlesboro, Ky., tlie present appellant, to recover $313.68 and interest claimed paid it by mistake. The defendant 'by answer and terclaim denied owing the claim and sought dismissal of the petition and a judgment upon counterclaim against-plaintiff for the sum of $436.74. The pleadings presenting equitable issues, the case was transferred to equity, where it was prepared and tried as a suit in equity. Upon its final submission, judgment was given for the plaintiff for the…