Ellis v. Wood

To a complaint demanding damages for the publication of an alleged libel, defendant answers setting up a cause of action for alienation of affections, both by way of counterclaim and as a partial defense and in mitigation of damage. The plaintiff demurs to the counterclaim upon the ground, among others, that it is not of the character specified in section 501 of the Code of Civil Procedure, and also to so much of defendant’s answer as alleges the facts set up in the counterclaim as partial defense and in mitigation of damage upon the ground that it is insufficient in law upon the face thereof.