Sturtevant v. Dowson

Reversed and remanded on petition for rehearing January 22, 1924.

On Petition for Rehearing.

(222 Pac. 294.)

McBRIDE, C. J.

This is a petition for rehearing, in which the correctness of the opinion published in 219 Pac. 802, is challenged.

*163We there held that in cases of this character, in order that a counterclaim could be pleaded under Section 74, Or. L., it should be one existing at the time of the commencement of the action. The opinion was rendered by the writer of this opinion and, the case not being thoroughly briefed, it was there held that, in order to constitute a valid counterclaim, the…