[Download] "West v. Aurora City" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: West v. Aurora City
- Author : United States Supreme Court
- Release Date : January 01, 1867
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Mr. T. G. Mitchell, for the plaintiff in error, argued that the 'additional paragraphs' constituted under the Indiana code a counter claim; and that notwithstanding the discontinuance of West and Torrance of their action, and the consequent withdrawal of the issues tendered by them, they could not discontinue the 'counter-claim' presented in the additional paragraphs by the other side. These made a cross-action by the defendants against the plaintiffs; one but incidental to the original action, so long as that original action was in course of existence and progress, but independent of it, as soon as it was withdrawn, and so destroyed. Hence the removal to the Federal court was proper and the remand error. Mr. T. D. Lincoln, contra.
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