the defendant amend his statement of claim (first counterclaim) within ten days from the date of the order filed herein, by setting forth in the amendment with definiteness and certainty that claim which he has attempted to set out as a first counterclaim, and that the plaintiff have ten days from and after the service upon its attorneys of the amended first counterclaim, within which to reply or otherwise plead to counterclaim one, as amended, and to counterclaims two and three of said answer.

Editorial Note

In

The question as to what should be done with demurrers, in view of their abolition by the new Rules, has been variously dealt with. New York Life Insurance Co. v. Coldiron (W. Wash., October 6, 1938) a demurrer was stricken (Bulletin No. 2). In that case, however, it did not appear whether the demurrer was filed prior or subsequently to the effective date of the Rules. In Ashman v. Coleman (W. Pa., October 24, 1938) demurrer was treated as a motion to dismiss, for failure to state a claim (Bulletin No. 2). In the case under discussion--Shell Petroleum Corporation v. Stueve--a demurrer was treated as a motion for a more definite statement of the claim.

Although a party may set forth two or more claims alternatively and hypothetically, and as many claims as he has regardless of consistency, and may demand relief in the alternative, he must, nevertheless, comply with the provisions of Rule 8 (a) (2) that the pleading must contain a short, simple and plain statement of the claim.