Missouri Court of Appeals April 24, 1906 (Cornell v. King)

lead-opinion

BLAND, P. J.

(after stating the facts) .--A set-off or counterclaim filed in an action (except in a certain class of cases, of which this is not one) by section 4499, Revised Statutes 1899, is deemed in law as an independent action begun by defendant against the plaintiff, and the dismissal or discontinuance of plaintiff’s action does not affect the set-off or counterclaim, but the