Mulberger v. Koenig

We will first consider the demurrers to the counterclaims set up in the answer.

To determine whether the facts set up in the alleged counterclaims were pleadable as such in this action, depends upon the nature of the cause of action set up in the complaint. Briefly, the claim of the plaintiffs, as set out in their complaint, is that they were entitled to draw a certain quantity of water through the race described in the complaint to their mill, and for the purpose of so doing were legally entitled to have the race entirely unobstructed in its entire capacity, both as to width and depth. Their…