Williams v. Robinson

1 F.R.D. 211 (1940)

Facts

Williams (P) alleged in this suit that he was libeled and slandered by the allegations of Robinson (D) in another suit that P and D's wife had committed adultery. D's wife had filed suit against D for maintenance. D filed his answer with a cross-complaint seeking an absolute divorce upon the ground of adultery. P was joined in this action. P denied having committed adultery in that action. D had not filed an answer to P's libel and slander lawsuit but moved to dismiss it upon the ground that P had failed to assert his claim for libel and slander in his answer to the cross-complaint in the maintenance suit by D's wife as required under Rule 13 (a).