Ireland v. Tomahawk Light, Telephone & Improvement Co.

The following opinion was filed October 14, 1924:

Vinje, C. J.

The defendant raises a question of pleading, but since every claim made by it was fully litigated upon the trial it is now academic. It filed a counterclaim in the action and the plaintiff filed a reply. Defendant entered a general demurrer to the reply. Plaintiff claims the counterclaim did not state a cause of action, and the court so held. It is the claim of the defendant that its demurrer to the reply did not reach back to test the correctness of the counterclaim. It is an elementary principle that a demurrer to a pleading…