Bolton v. Chicago Title & Trust Co.

A single issue is dispositive of this action: May a third-party defendant seek affirmative relief by counterclaim against a third-party plaintiff when such relief does not involve or affect the contract, transaction or property which is the subject matter of the action or relate to the occurrence out of which the action arose?

The appellant vigorously argues that the provisions of sec. 263.14 (1), Stats., are applicable to the action on his counterclaims against the respondent. The relevant part of sec. 263.14 provides:

“263.14 Counterclaim. (1) A defendant may counterclaim any claim which he…