Fidelity Union Trust Co. v. Sayre

Complainant moves to strike the counter-claim of defendant Dudley O. Sayre on the ground that it brings into the suit a controversy which is foreign to the cause of action stated in the bill.

Since the enactment of the Chancery Act of 1915, P.L. 1915 p.184, pleadings and proceedings in Chancery are governed by rules promulgated by the Chancellor. R.S. 2:29-42. The rules, so far as they relate to the joinder of causes of action and to counter-claims, are taken, almost verbatim, from the procedure of our law courts which was adopted in 1912. P.L. 1912 p. 377.

"Subject to the provisions of other…