Arthur v. State Conservation Commission

Was the counterclaim for ejectment properly brought?

The plaintiffs demurred to the counterclaim for two reasons. They claim in their brief that, “There is simply no connection between the narrow rights claimed by the plaintiffs and the counterclaim of the respondent.” Assuming this statement to be factually correct, and that is doubtful, it is apparent that the plaintiffs are asserting the archaic common-law rule of pleading and the rule adopted in the early codes requiring that the “. . . counterclaim [be] a cause of action arising out of the transaction set forth in the complaint . . . .”…