41 Kan. 141 | Kan. | 1889
Opinion by
But one question is presented by the record in this action: Did the answer of the defendant set-out such a counterclaim and demand for relief that he was entitled to be heard thereon after the plaintiffs dismissed their cause of action ? The bill of exceptions shows that the mayor and city authorities answered in said action. Their answer is not set out, and we are unable to say what that answer was. There may have been sufficient allegations therein, in connection with defendant’s answer, to raise an issue of fact; and if
We therefore recommend that the judgment of the court below be affirmed.
By the Court: It is so ordered.