Nationwide Mutual Insurance v. Pomeroy

Appellant, (plaintiff below), brought suit in one paragraph of complaint for money had and received and therein prayed for damages in the sum of $1,904.00.

Appellee, (defendant below), then filed what both parties designated a “.cross complaint” against the plaintiff, in four paragraphs.

As was said in New York Life Ins. Co. v. Adams (1931), 202 Ind. 493, 176 N. E. 146:

“A cross-complaint would signify a cause of action by one or more defendants against one or more codefendants, or against a person not a party to the action, involving the siibject-matter therein. But, in this jurisdiction, it…