Cohoon v. . Cooper

There are two. counterclaims that can be set up under C. S., 521, i. e., 521 (1) : “A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the’ plaintiff’s claim, or connected with the subject of the action.” Such counterclaim must not only exist at the commencement of the action, but as to this, when it has been pleaded a nonsuit cannot be taken. The defendant “is not obliged to set up such counterclaim. He may omit it and bring another action. He has his election. But when he does set up his counterclaim, it becomes a cross-action and…