Once the court has obtained jurisdiction over the controversy between the parties by the filing of a counter-claim, dismissal of plaintiff's case does not deprive the court of jurisdiction of the counter-claim. Bartholomew v. Shipe, 251 S.W. 1031 (Tex.Com.App.); Kirby v. American Soda Fountain Co., 194 U.S. 141, 24 S.Ct. 619, 48 L.Ed. 911; Cammack v. Prather, 74 S.W. 354 (Tex.Civ.App.), no writ hist. We have read the entire statement of facts and are of the view that there was evidence of probative force to require the court to submit each issue it did.