Ætna Life Insurance v. Griffin

The questions involved: (1) Did the trial court err in overruling the plaintiff’s demurrer to section 18 of defendants’ amended answer? (2) Did the trial court err in refusing to permit plaintiff to take a voluntary nonsuit? We think not.

This brings us to consider what is a counterclaim. C. S., 521: “The counterclaim mentioned in this article must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in'the action, and arising out of one of the following: (1) A cause of action arising out of the contract or transaction set forth in the…