Boek v. Wagner

The circuit court filed a written decision analyzing the answer and counterclaim carefully and holding that both are sufficient against demurrer. We find no error in that conclusion.

1. Appellant’s first criticism is that in determining the sufficiency of the answer, the court considered allegations appearing only in the counterclaim, and thus pieced out the part denominated “answer” with facts alleged only in the counterclaim. It is urged that this was error; that the answer must stand or fall as complete in itself, unaided by matter in the counterclaim.

We are of opinion that the allegations…