 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...he cannot afterwards maintain an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances,...the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 páginas
...assignment of his demand. This matter is accordingly regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under...brought an action against the other, a counterclaim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment... | |
 | District of Columbia - 1857 - 788 páginas
...set-off, he shall not recover costs against the plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under...brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment... | |
 | William H. R. Wood - 1857 - 834 páginas
...contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands nt, but if @ ! counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assiifnment... | |
 | California, Henry Jacob Labatt - 1858 - 586 páginas
...claim, are to be taken as admitted. — Graham v. Dunniijan, 4 Abbott, 42G. 48. When cross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
 | California - 1860 - 388 páginas
...the counter claim, are to be taken as admitted. Graham v. Dunnigan, ib. 426. 48. When eross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
 | Thomas Berry Cusack Smith - 1863 - 140 páginas
...maintain an action against the plaintiff therefor." Section 648 provides that " When cross demands have existed between persons, under such circumstances,...against the other a counterclaim could have been set up, neither can be deprived of the benefit thereof by the assignment or death of the other, but the two... | |
 | Idaho (Ter.) - 1864 - 762 páginas
...arising also upon contract, and existing at the commencement of the action. SEC. 48. When cross demands have existed between persons, under such circumstances,...the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other; but the... | |
 | Idaho - 1864 - 734 páginas
...matter set up in the replication, shall be deemed denied by the defendant. SEC. 48. When cross demands have existed between persons, under such circumstances,...the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other; but the... | |
 | Idaho, Idaho Territory - 1866 - 534 páginas
...cause of action arising also upon contract, and existing at the commencement of the action. SEC. 48. When cross-demands have existed between persons,,...the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the... | |
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When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counter-claim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... 
