Brannan v. Paty

Citations

• 58 Cal. 330
• 1881 Cal. LEXIS 223

Syllabus

<p>Counterclaim—Answer—Pleading—Dismissal of Action—Res Judicata.—In an action to quiet title, the defendant’s answer set up matters, which if true might have defeated the plaintiffs action, and if properly pleaded might have entitled the defendants to affirmative relief, but which were not pleaded nominally as a counterclaim, but as a defense. In 1865 a motion by the plaintiff to dismiss the complaint was denied on the ground that the answer contained a counterclaim; but in 1876 the motion was renewed and granted. Upon appeal by the defendant from a judgment dismissing the action, Department One affirmed the judgment upon the ground that where matters which are proper matters of defense are pleaded as such they should be regarded only as such, notwithstanding a prayer for affirmative relief at the conclusion of the answer.</p> <p>Held, By the Court in Bank on rehearing, while affirming the principle laid down by the Department, that the order of the Court refusing to dismiss the action was conclusive upon the parties, and the order dismissing it on this account erroneous.</p> <p>Id.—Id.—Id.—As respects cases arising in the future no averment in any answer will he held to constitute a counterclaim unless it is go denominated, and the appropriate relief prayed; wanting these requisites, the pleading will be held to be a defense only.</p>