State Ex Rel. Buchanan v. Jensen

STORCKMAN, Judge.

This is an original proceedings to prohibit the respondent judge from taking, entering, or exercising further jurisdiction in a personal injury action in which Alice Simpson is plaintiff and John F. Buchanan, the relator herein, is defendant. The question for decision is whether Alice Simpson’s cause of action is a compulsory counterclaim within the meaning of Civil Rule 55.45 V.A.M.R. which can only be asserted in her pleading as the sole defendant in an action commenced by John F. Buchanan prior to the time her suit was filed.

Civil Rule 55.45 was amended September 11, 1961,…