Louisville & Nashville Railroad v. Nichols

Under our statutes and decisions construing the same, a counterclaim is not permissible for a distinct and independent tort, and applying the principle, in an action to recover a tract of land alleged to belong to plaintiff, a counterclaim for a trespass by plaintiff on a different tract of land belonging to defendant is not maintainable. Street v. Andrews, 115 N. C., 417, 422; Bazemore v. Bridgers, 105 N. C., 191; C. S., 521, 522.

While this is the accepted principle, it is not a jurisdictional question, and the approved decisions on the subject are to the effect that the objection may be…