House v. Hanson

Matson, Justice.

Appeal from an order which denies defendants’ motion for summary judgment on the pleadings and which certifies that the question presented by the motion is important and doubtful.

We are concerned with the appealability of the aforesaid order under M. S. A. 605.09 (4) as the alleged equivalent of an order overruling a demurrer u/nder our former practice and also with the question whether under Rules of Civil Procedure, Rule 13.01, a defendant in a tort action arising out of an automobile collision must interpose as a counterclaim any claims he has against the plaintiff which…