Merchants Heat & Light Co. v. J. B. Clow & Sons
Citations
- 204 U.S. 286
- 27 S. Ct. 285
- 51 L. Ed. 488
- 1907 U.S. LEXIS 1504
Syllabus
<p>While a non-resident defendant corporation may not lose its right of objecting to the jurisdiction of the court on the ground of insufficient service of process by pleading to the merits pursuant to order of the court after objections overruled, it does waive its objections and submits to the jurisdiction if it also sets up a counterclaim even though it be one arising wholly out of the transaction sued upon by plaintiff and in the nature of recoupment rather than set-off.</p> <p>At common law, as the doctrine has been developed, a .demand in recoupment is recognized as a cross demand as distinguished from a defense.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he right to [counterclaim] is of modern growth, and is merely a convenience that saves bringing another suit, not a necessity of the defense.’’
- “[B]y setting up its counterclaim the defendant became a plaintiff in its turn, invoked the jurisdiction of the court in the same action, and, by invoking, submitted to it.”
- distinguishing a defense from a counterclaim
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes, Brewer, Peckham, Day
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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