Wisconsin Supreme Court January 15, 1865 (McConihe v. Hollister)

By the Court,

DowíteR, J.

The only question presented by the appellant is, whether the answer is a counter-claim and entitled to be taken as true without proof. The facts alleged in the answer, if proved, would be a good defense. Some of the allegations are such as are proper only for a defense, and which no good pleader would have inserted in a counter-claim.