John Hoene Implement, Inc. v. Peters

McQUADE, Justice.

After the defendant and appellant herein filed an answer, counterclaim and cross-complaint, the plaintiff and respondent herein made a motion to dismiss the complaint and secured an order of dismissal from the trial court. Thereafter plaintiff’s demurrer to the cross-complaint was sustained, and a judgment of dismissal entered.

The issues presented by this appeal are: 1. May a complaint be dismissed where a counterclaim or cross-complaint has been filed? 2. Does the cross-complaint state facts sufficient to constitute a cause of action? 3. Is there a misjoinder of causes of…