 | New York (State) - 1852 - 606 páginas
...sections 74, 150, 165, 246, 247. § 150. [129.] (Amended 1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must...plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | Henry Whittaker - 1852 - 900 páginas
...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | New York (State) - 1852 - 836 páginas
...without repetition. A wTwai § 150.' The counter-claim mentioned in the last section, ITO£'"W "id must be one existing in favor of a defendant, and against a iriSus"!™ plaintiff, between whom a several judgment might be had r )]imTius":0 m t'ie acti°D5 an(l... | |
 | Nathan Howard (Jr.) - 1853 - 594 páginas
...intended to answer. Now it defines what the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and...whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | Wisconsin - 1853 - 810 páginas
...repetition. What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...the Code is too clear and explicit to be misunderstood. The counter-claim mentioned in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several judgment might be had in the action, and arising out of one of the following causes of action.... | |
 | Wisconsin - 1856 - 334 páginas
...repetition. What const!- Sue 55. The counter claim mentioned in the last section, tcr"claim.Uim' muse be one existing in favor of a defendant and against...a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | William H. R. Wood - 1857 - 834 páginas
...The counter claim mentioned in the last section [St. 1851, 57.] shall be one existing in favor of the defendant, and against a plaintiff, between whom a...causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 páginas
...explicit that the counter-claim can only be a claim against the plaintiff. Section 150 ia as follows : " The counter-claim mentioned in the last section must...whom a several judgment might be had in the action." This applies only to the plaintiff on the record. (See Gleason v. Moen, 2 Duer, 642.) Section 112 of... | |
| |
Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor... 
