McKinney v. Sundback

Citations

• 3 S.D. 106
• 52 N.W. 322
• 1892 S.D. LEXIS 42

Syllabus

<p>1. The test of a counterclaim is whether the defendant could have maintained an independent action on the demand as set forth in it.</p> <p>2. A counterclaim must contain all the substantial averments necessary in a complaint based upon the same cause of action.</p> <p>S. When there is nothing in any of the matters relied on as a counterclaim upon which a separate suit can be maintained, it must be held to be defective upon demurrer.</p> <p>4. Facts must be stated which constitute a cause of action against the plaintiff, and its sufficiency must be governed by the same rules as if the defendant had brought suit against the plaintiff.</p> <p>(Syllabus by the Court.</p>