Bailey v. Bailey

A motion has been made by plaintiff in the above-entitled partition action to dismiss the counterclaim contained in defendant’s answer upon the ground that the counterclaim is not one which may be properly interposed in this action for the reason that the counterclaim is apparently an action based on conversion of personal property not in any way connected with the cause of action set forth in the complaint, and on the further ground that there is another action pending between the same parties for the same cause. Plaintiff further asked for the appointment of a referee to ascertain the…