Page:United States Statutes at Large Volume 47 Part 1.djvu/956

 932 72d CONGRESS. SESS. II. CH. 127. FEBRU ARY 27, 1933 . When defendant SEO 143 . WHEN DEFENDANT OMITS TO SET UP COUNTERCLAIM .-If om its to ply. the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterwards mainta in an action aga inst the plainti ff therefor. Counterclaim not barre d by death or SEC. 144. COUNT ERCL AIM NOT BARRED BY DEATH OR ASSIGNMENT .- assignment . When cross demands have existed between persons under such cir- cum stances that, if one had brought an acti on again st the o ther, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other. Contents of answer. SEC. 14 5. ANSWER MAY C ONT AIN SE VERA L G ROU NDS OF DE FENSE ; DEFE NDANT MAY ANSWER PAR T AND DEMU R TO PART OF COMPLAINT.- The defendant may set forth by answer as many defenses and counterclaims as he may have. They must be separately stated, and the several defenses must refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished. The defendant may also answer one or more of the several causes of action stated in the complaint and demur to the residue. Cross-complaint, in SEC. 146. CROSS-COMPLAINT, IN GENERAL .-Whenever the defendant general. seeks affirmative relief agaist any party, relating to or depending upo n the co ntract, transact ion, mat ter, hap pening o r accide nt upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cr oss- comp lain t mu st be se rved upon the parties affected thereby, and- such parties may demur or answer the re to as to the original complaint. If any of the parties affected by the cross- complaint have not appeared in the action, a summons up on the cross-complaint must be issued and served upon them in the same manner as upon the comme nceme nt of an original action. Divorce, etc. . action. SEC. 147 . CR OSS-COMP LAINT FO R DIVORCE AND PRO CEEDINGS THEREON. - In addition to an a nswer, t he defen dant may file a cross-co mplaint for divorce ; and when filed the court shall decree the divorce to the party legally entitled thereto. If the original complaint be dis- missed after the filing of the cross-complaint, the defendant may pro ceed to the tria l of the cross-c omplaint without further notice to the adverse party ; and the case upon such cross-complaint shall in all things be governed by the same rules applicable to a case on Vol. 42, p. iolo. an original complaint. (Act Cong. Sept . 21, 1922, C . 370, „ 19, 42 Stat . 1010.) Demurrer to answer. By plaintiff. Grounds of. DEMURRER TO ANSWER SEC. 148. WHEN PLAINTIFF MAY DEMUR TO ANSWER:The plaintiff may within ten days after the service of the answer demur thereto, or to one or more of the several defenses or counterclaims set up therein. SEC. 149. GROUNDS OF DEMURRER.-The demurrer may be taken upon one or more of the following grounds 1 . That several cause s of counte rclai m hav e been impr operly joined, or not separately stated ; 2. That the answer does not state facts sufficient to constitute a defense or counterclaim ; 3 . That the answer is ambiguous ; 4. That the answer is unintelligible ; or 5. That the answer is uncertain.