Noonan v. Orton
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The defendant having brought an action against the plaintiff and one Peter McNab, to recover a large sum for water rents alleged to be due him from the defendants in that action, instituted several garnishee proceedings against different debtors of the present plaintiff.
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APPEAL from the County Court of Milwaukee County. The defendant having brought an action against the plaintiff and one Peter McNab, to recover a large sum for water rents alleged to be due him from the defendants in that action, instituted several garnishee proceedings against different debtors of the present plaintiff. This action was brought to recover damages for the alleged malicious abuse of the process of the court in commencing and prosecuting such garnishee proceedings. The complaint contains nine alleged causes of action or counts separately stated, which are all predicated upon such…
1Opinion of the Court
Lyoít, J.
If the defendant in either of the counter-claims has stated “ a cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff’s claim, or connected with the subject of the action,” the demurrer thereto should have been overruled. If he has failed to state therein such a cause of action, the demurrer was properly sustained.
I. We can scarcely believe that the first counter-claim was seriously interposed. The idea is certainly novel, that a defendant may set up, by way of counter-claim to an action, that *359such, action was brought maliciously…
2Cited by11 opinions
- Luby v. BennettWisconsin Supreme Court · 1901
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Heckman v. SwartzWisconsin Supreme Court · 1882
- Veitch v. CebellWisconsin Supreme Court · 1900
- Mulberger v. KoenigWisconsin Supreme Court · 1885
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