Wilhite v. Agbayani

This is an appeal from an order of the circuit court of Montgomery county dismissing a counterclaim without prejudice on motion of the counterplaintiff.

There would appear to be no occasion for a detailed consideration of the pleadings since no questions are raised thereon. However, a summary of the events occurring in the trial court leading up to the entry of the order in question seems to be necessary to a proper understanding of the circumstances under which the court acted.

In the original action both appellant and appellee and other parties were made defendants. The appellee filed a…