105 Iowa 685 | Iowa | 1898
— The correctness of the instruction directing the jury to disregard the items pleaded in plaintiff’s reply as an offset to the defendant’s counterclaim' is the sole question presented. In order to effectuate a lien for rent, the landlord must commence his action for rent alone within one year from the time the rent accrued. Code 1873, section 2018. In such action defendant may plead a counterclaim. Code 1873, section 2655. To such counterclaim plaintiff may reply by a general or specific denial, or by pleading any new matter, not inconsistent with the petition, constituting a defense to the matter alleged in the answer. Section 2666. “Any number of defenses, negative or affirmative, are pleadable to a counterclaim.” Section 2667. These are all the statutes relating to the inquiry now before us; and it will be observed that while they do not mention either set-off or counterclaim, in referring to the reply, yet they do recognize that defenses, either negative or affirmative, may be