Turner v. Citizens' Bank of Hickory Ridge

Hart, C. J.,

(after stating the facts). Counsel for the defendant Turner earnestly insist that the circuit court erred in overruling his motion to dismiss the complaint. Counsel for defendant contend that the answer of the defendant to the suit instituted against him in the circuit court of Craighead County was also a counterclaim, and that the court erred in dismissing the cause of action. Counsel contend that, although the matter set up in his counterclaim constituted a defense to plaintiff’s cause of action, it was also of a nature that entitled defendant to affirmative relief, and that the…