Williams-Fulghum Lumber Co. v. Welch

It is provided by chapter 18, Public Laws, Extra Session, 1924, among other things, that “if a counterclaim is pleaded against any of the plaintiffs and no copy of the answer containing such counterclaim shall be served upon the plaintiff or plaintiffs or his or their attorneys of record, such counterclaim shall be deemed to be denied as fully as if the plaintiff or plaintiffs had filed an answer or reply denying the same.” Clearly, under this provision of the law, the trial court was correct in setting aside the judgment entered by default and inquiry on the defendant’s counterclaim.

But it…