State ex rel. Saupe v. Swink

CLEMENS, Commissioner.

Original prohibition proceeding to test respondent’s jurisdiction to allow parents of a deceased child to proceed on a wrongful death counterclaim against the injured plaintiff who had sued the child’s administrator, but not the child’s parents. We hold that since the parents had not been made defendants in the plaintiff’s action they cannot bring themselves into that action as counterclaimants.1

We mark out the links in the tangled chain of pleadings and orders:

June 25, 1970. Plaintiff filed his petition alleging injuries by an automobile negligently driven on August 21,…