Tschetter v. Hofer

To an obviously sufficient complaint on a promissory note defendant demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action.

Plaintiff moved for judgment on the pleadings. The court denied the motion, overruled! the demurrer, and gave defendant ten days in which to answer. Within that time defendant answered, pleading, among other defenses, several counterclaims, which, if proven, would offset the greater part of the note. Plaintiff admitted due service of the answer, and, before taking the present appeal from the denial of the motion for…