Conner v. Scott

Citations

• 16 Wash. 371
• 47 P. 761
• 1897 Wash. LEXIS 326

Syllabus

<p>PLEADING — GARNISHMENT AS A DEFENSE — COUNTERCLAIM.</p> <p>The action of the court in striking out an answer setting up that defendanthad been garnished for the indebtedness sued on in favor of a creditor of the plaintiff is not erroneous, when the answer itself shows that no answer had been made by the defendant in the proceeding in which he had been garnished.</p> <p>Under Code Proc., § 195, subd. 2, a cause of action cannot be pleaded as a counterclaim if it did not exist at the commencement •of the action in which it is pleaded, unless it is one arising out of the contract or transaction set forth in the complaint.</p>