Johnson v. Capitol Life Ins.

Appellant brought this action to recover the sum of $9,533.67. The defendant filed an answer containing two counts. In the first count it denied liability. In the second count it alleged that by reason of the violation of a contract of employment between the appellant as employee and the appellee as employer the plaintiff was not entitled to recover. The defendant also set up “by way of offset and counterclaim” four items, the first item, $5,028.86; the second item, $7,900; the third item, $2,047.46; and the fourth item, $2,023.67. Before the defendant answered, it demanded, the court-ordered, and the plaintiff furnished, a bill of particulars in which the items in the account between the plaintiff and defendant were stated showing as a balance the amount sued for in the amended complaint.

On April 4, 1934, defendant moved to transfer the case to the equity docket on the, ground that “as appears from the pleadings on file herein, this case involves the examination and determination of mutual, complicated, and complex accounts, which will require the production, introduction and investigation of many books, papers and documents, by reason of which it would be difficult and…