McGuire v. Lamb
Idaho Supreme Court
APPEAL from District Court, ARa County. Defendant is permitted to set up as many defenses of new matter or as many counterclaims as be may have, whether legal or equitable. (Gage v. Angelí, 8 How.
Read the full summary
APPEAL from District Court, ARa County. Defendant is permitted to set up as many defenses of new matter or as many counterclaims as be may have, whether legal or equitable. (Gage v. Angelí, 8 How. Pr. 335;-Waddell v. Darling, 51 N. T. 327.) That there must be findings upon all the material issues is-already settled by this court in Bowman v. Ayers, ante, p. 305, 13 Pac. 346; Carson v. Thews, ante, p. 176 9 Pac. 605. The defendant cannot set up and maintain as a valid counterclaim a right of action subsisting in favor of another person. The test is whether the defendant could have maintained…
1Opinion of the CourtHays, C. J.
This' was an action brought by plaintiff against defendant upon a promissory note given by defendant ■to plaintiff. The defendant. did not deny the cause of action set out in the complaint, but set up three counterclaims. The plaintiff demurred to each of the counterclaims. The demurrer was sustained as to the first and third, but overruled as to the second. The defendant duly excepted to the ruling of the court, and now assigns the same as error.
The first counterclaim is as follows: “That from July 1, 1884, to .Tune 15, 1885, this defendant and one H. E. Priekett were partners in the…
2Cases cited7 opinions
- Hook v. WhiteCalifornia Supreme Court · 1868
- Waddell v. . DarlingNew York Court of Appeals · 1873
- Weil v. JonesSupreme Court of Missouri · 1879
- Rice v. O'ConnorNew York Supreme Court · 1860
- Hayes v. WetherbeeCalifornia Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- City of Pocatello v. StateIdaho Supreme Court · 2008
- Commercial Trust Co. v. Idaho Brick Co.Idaho Supreme Court · 1913
- Sturtevant v. DowsonOregon Supreme Court · 1923
- Heinrich v. KirbyMontana Supreme Court · 1922