This section contains the nature of the case and procedural background.

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).

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