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JAMES GANNON v. GEORGE DOUGHERTY
By the Court, Wallace, J.:
The demurrer was properly sustained; it did not appear that the counterclaims relied upon existed in favor of the defendants at the time of the commencement of the action.
There is nothing in the other points; the appeal is without merit, and the judgment is affirmed, with ten per cent damages.
Mr. Justice Crockett did not participate in the foregoing decision.
