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" A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. "
The Pacific Reporter - Página 192
1895
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volumen63

New Jersey. Court of Chancery - 1903 - 930 páginas
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volumen27

Arkansas. Supreme Court - 1873 - 782 páginas
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system...
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The Code of Civil Procedure of the State of New York: Reported ..., Volumen2

New York (State). - 1850 - 920 páginas
...counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be...plaintiff's claim, or connected with the subject of the action : 2. In an action arising on obligation, any other cause of action arising also on obligation,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volumen1

Kentucky - 1851 - 548 páginas
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim,...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 páginas
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 páginas
...counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be...plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 páginas
...existing in favor of a defendant and against a plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following...set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,...
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Laws of the State of New York

New York (State) - 1852 - 836 páginas
...might be had r )]imTius":0 m t'ie acti°D5 an(l arising out of one of the following causes wn*.-.. of action: 1. A cause of action arising out of the...plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract,...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 páginas
...existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following...1. A cause of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or connected with...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be...arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set forth in the complaint as the foundation...
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