Page:1862 Territory of Dakota Session Laws.pdf/82

CHAP. VIII.]

. 89. The answer shall contain: 1. A general or specific denial of each material allegation of the petition controverted by the defendant. 2. A statement of any new matter constituting a defence, counter claim, or set-off in ordinary and concise language, and without repetition.

. 90. The defendant may set forth in his answer, as many grounds of defence, counter claim, and set-off as he may have. Each must be separately stated and numbered, and they must refer in an intelligible manner to the cause of action which they are intended to answer.

. 91. The counter claim, mentioned in the last section, must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action.

. 92. If the defendant omit to set up the counter claim or set-off, he cannot recover costs against the plaintiff on any subsequent action thereon; but this section shall not apply to causes of action which are stricken out of, or withdrawn from the answer, as provided in sections ninety-three and one hundred and sixteen.

. 93. When it appears that a new party is necessary to a final decision upon the counter claim, the court may either permit the new party to be made by a summons, to reply to the counter claim, or may direct the counter claim to be stricken out of the answer, and made the subject of a separate action.

. 94. A set-off can only be pleaded in an action founded on contract, and must be a cause of action arising upon contract, or ascertained by the decision of the court.

. 95. When it appears that a new party is necessary to a final decision upon the set-off, the court shall permit the new party to be made, if it also appear that, owing to the insolvency or non-residence of the plaintiff, or other cause, the defendant will be in danger of losing his claim, unless permitted to use it as a set-off.

. 96. When cross demands have existed between