South Dakota Supreme Court June 24, 1896 (Kirby v. Jameson)

Corson, P. J.

Action upon due bill for $85, upon which $55 was indorsed as paid. Defendant pleaded a counterclaim for $22, and tendered into court $8. The trial court directed a verdict for plaintiff, and the defendant appeals.

*10Only two questions are presented: First. Should defendant's counterclaim have-been admitted in evidence? Second.