Missouri Court of Appeals December 7, 1937 (Hoshaw v. Fenton)

FULBRIGHT, J.

The executor of the estate of John E. Hoshaw, deceased, brought an action in replevin in the circuit court of Lawrence County, returnable to the January term, 1936, thereof, to recover an automobile. On the first day , of the said January term defendant filed heir answer and counterclaim, which said counterclaim was stricken upon motion of plaintiff.