22 Iowa 549 | Iowa | 1867
The only error assigned or exception taken, is as to the overruling of plaintiffs’ motion to strike the amendment to defendants’ answer from the files. The question discussed by the respective counsel, under this assigned error, is as to the right of the defendants to use the claim of McCoy & Bishop and Tilden and McBeath as a set-off, counter claim or cross demand, in the suit against McCoy '& Bishop.
There is, to our mind, at least one satisfactory ground upon which the ruling of the court below may be sustained. The plaintiffs sued the defendants upon a claim growing out of certain transactions; the defendants, by way of set-off or counter claim, allege a demand against plaintiffs, growing out of an alleged continuance of the same or other transactions between them; the plaintiffs reply
It is proper to add that the more legitimate method of taking advantage of the objection made by the plaintiffs to the amendment in. this case, if it had been vulnerable to the objection, would have been by demurrer, rather than by motion to strike it from the files.
Affirmed.