Schreiber v. Noe

The defendants demand affirmative judgment on their counterclaim that the findings of arbitrators under an arbitration be declared null and void, the arbitration reopened, the settlement thereunder reopened and the general releases executed by defendants to the plaintiff declared null and void. The matter upon wbicb defendants base this relief is pleaded as a counterclaim and defense.

The jurisdiction of this court to entertain the counterclaim and defense is challenged on this motion to strike out and dismiss. The objection is that they are equitable.

The defendant contends that affirmative…