Owens v. Huffstetler College

MADDOX, Justice.

This appeal raises a question concerning the applicability and construction of Rule 13(a), A.R.Civ.P., relating to the filing of compulsory counterclaims in an action begun in district court, but appealed to the circuit court for trial de novo. This appeal specifically raises the question of whether the plaintiff in this action, whose claims for fraud, etc., exceeded the jurisdictional limit of the district court, nevertheless should have filed the claims as counterclaims when the action was appealed from the district court to the circuit court for a trial de novo.

FACTS

The…