MacDonald v. Krause

OPINION

By the Court,

Badt, C. J.:

Two questions are presented for determination in this appeal: (1) In an action to quiet title to real property must the defendant plead as a compulsory counterclaim defendant’s demand for a money judgment against plaintiff arising out of the same transaction that is the subject matter of plaintiff’s claim, or be thereafter barred from a separate suit therefor? We answer this question in the affirmative. (2) Is this conclusion affected by the fact that the defendant did not appear in the action but suffered judgment to be entered against him by default? We…