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Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents

Michigan Law Review

Broad counterclaim statutes are desirable because they allow cross demands to compensate each other, and because they avoid multiplicity of suits. These two advantages are alone sufficient to justify broad counterclaims, but there is a further advantage in that a broad counterclaim statute permits a resident in a suit brought against him by a nonresident to set up any independent claim against that nonresident which-he may have without prosecuting a separate action. Not only is it a heavier expense to bring a separate action, but it is often impossible to do so without going to the domicil of the nonresident …