Wisconsin Supreme Court November 1, 1887 (Davidson v. Rountree)

Lyon, J.

By pleading the counterclaim under consideration, the defendant seeks to obtain, in this action of trespass, the benefit of secs. 3096-3100, B. S., commonly designated the “ Betterment Law.” Unless he can maintain *657Ms counterclaim under those sections, be cannot maintain it at all, for there is no rule of the common law which can be successfully invoked to uphold his claim. Oberich v.