McGuire v. Edsall

The sole question involved in this case is whether the trial court erred in permitting defendants, by amendment of their answer, to plead a counterclaim against the demand of plaintiff, which counterclaim matured after *360plaintiff’s action wa3 commenced. The court allowed such amendment during the trial, and permitted evidence to be submitted in support of the counterclaim thus introduced into the action. • This practice cannot be sustained. Our statute provides upon this subject that the defendant, by answer, may plead a counterclaim" as new matter constituting a defense (Code Civ. Proc., §…