Lachele v. Oregon Realty Exchange Investment Co.

The further and separate defense and set-off presented by the defendant was not tested either by demurrer or motion. Issue was joined thereon by a reply. For that reason we are not required to pass upon either the sufficiency or validity of setting up an action for malicious prosecution as a counterclaim to a complaint containing the ordinary allegations for the foreclosure of a real estate mortgage given to secure an ordinary promissory note. We seriously doubt that the allegations in the answer constitute a counterclaim to the complaint.

The motion for a new trial filed by the defendant was…