Brannan v. Paty

Boss, J.:

This case presents an appeal from a judgment dismissing the action, and the determination of the appeal depends on the question whether the answer to the amended complaint contains a counterclaim. On both sides, the pleadings contain a mass of inappropriate matter—matter of evidence and matter which is neither of evidence nor of pleading. The main purpose of the action, however, seems to have been to have the plaintiff’s alleged title to certain real property quieted. If the averments of the amended complaint were true, the appropriate relief would have been a decree to that effect,…