Swanholm v. Reeser

Citations

• 3 Idaho 476
• 31 P. 804
• 1892 Ida. LEXIS 34

Syllabus

<p>Demurrer — Denial.—1. The denial of indebtedness, without a denial of the facts alleged in the complaint out of which such indebtedness arose or follows, is a conclusion of law, and raises no issue of fact.</p> <p>Aileqations of Counterclaim. — 2. A defense set up by way of counterclaim, alleging that the plaintiff is indebted to defendant in the sum of $156 for use of a certain building, and for $1,265.75 for certain gold bullion, without alleging that said sums are due, or that defendant is entitled to credit therefor on the demand sued on is no defense. Action on account. Denial and counterclaim. Demurrer to answer overruled by court below. Judgment for defendant. Judgment set aside.</p> <p>(Syllabus by the court.)</p>