Rotenbach v. Young

Though the answer denies the material allegations of the complaint, and the reply the material allegations of the counterclaim, it is conceded there is no dispute in the facts. The question is solely one of law. Defendants move for a judgment under rule 113 for the relief demanded in their answer, namely, that the complaint be dismissed and the defendants be adjudged the owners of the property, and upon their counterclaim. The plaintiff although not having given any notice of motion seeks a decision in his favor under rule 112. Summary judgment may be given although a counterclaim be…