Brown v. Elliott

Quillian, Judge.

The appeal in the instant case was taken from the sustaining of a general demurrer to the plaintiff’s petition. The defendants have moved to dismiss this appeal on the ground that it is premature because the defendant’s cross action is still pending in the court below. Held:

Frankum, P. J., and Deen, J., concur. Argued January 9, 1967 Decided January 24, 1967. W. M. Mathews, Jr., for appellant. J. E. Wilson, for appellee.

Where as in. the case snb judice the answer of the defendant contained a prayer for affirmative legal relief germane to the plaintiff’s suit, the dismissal of…