Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Merchants Heat Light Company v…

The right to do so is of modern growth, and is merely a convenience that saves bringing another suit, not a necessity of the defense.
If, as would seem and was assumed by the form of pleading, the counterclaim was within the Illinois statutes (Charnley v. Sibley, 20 C. C. A. 157, 34 U.S. App. 705, 73 Fed. 980, 982) , the case is still stronger. For by that statute the defendant may get a verdict and a judgment in his favor if it appears that the plaintiff is indebted to him for a balance when the two claims are set against each other
Source: Wikisource

Oliver Wendell Holmes, Jr. Merchants Heat Light Company v…

This case comes up on the single question of the jurisdiction of the circuit court, which was saved by bill of exceptions and stipulation, and which is certified to this court. The defendant in error, the original plaintiff, and hereafter called plaintiff, is an Illinois corporation; the plaintiff in error is a purely local Indiana corporation, organized for the furnishing of heat, light, and power in Indianapolis.
Source: Wikisource

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