TONEY v. HASKINS

No. CA 80-222.

608 S.W.2d 28 (1980)

John D. TONEY, Sr., Appellant, v. John T. HASKINS et al., Appellees.

Court of Appeals of Arkansas.

Supplemental Opinion On Denial of Rehearing December 10, 1980.


Attorney(s) appearing for the Case

Hoover, Jacobs & Storey, Little Rock, for appellant.

Cearley, Gitchell, Mitchell & Bryant, Little Rock, for appellees.


NEWBERN, Judge.

The procedural morass which gives rise to this appeal yields an issue which is easier to decide than the facts are to describe. Basically, the question presented is whether the appellant should have been allowed to present an equitable counterclaim which was closely related to the main action and which arose after issues had been joined in the circuit court. We hold the counterclaim should have been allowed and the entire matter transferred to chancery...

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