 | 1859 - 788 páginas
...Code ? , The 1 50th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | 1859 - 780 páginas
...Code ? The 150th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...claim, or connected with the subject of the action. (.Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - 804 páginas
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | 1859 - 782 páginas
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Benjamin Vaughan Abbott - 1859 - 580 páginas
...the Code ? Section 150 warrants a counter-claim in favor of a defendant against a plaintiff, for a cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiffs' claim, or connected with the subject of the action. (§ 150, eubdiv. 1.) The Xenia Branch... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 páginas
...Clark v. Henry, 2 Cowen, 332.) If this answer does not set up a cause of action as a counter claim arising out of the transaction set forth in the complaint " as the foundation of the plaintiff's claim or Burns r. Nevins. connected with the subject of the action," I cannot imagine a case where an answer... | |
 | Kansas - 1859 - 726 páginas
...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. SEC. 104. If the defendant omit to set up the counter-claim Sfl^V.oSta"'" or set-off, he cannot recover... | |
 | Nathan Howard (Jr.) - 1860 - 616 páginas
...defined, " 1st. A cause of action arising out of the contract or transaction set forth in the plaintiff's complaint as the foundation of the plaintiff's claim, or connected with the subject of the action." " 2d. In an action arising on contract, any other cause of action arising also on contract," &c. A... | |
 | California - 1860 - 388 páginas
...judgment might be had in the action, and 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 or answer, as the foundation of the plaintiff's claim, or defendant's defense, or connected with the... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1861 - 740 páginas
...they make such a case as ia defined by subdivision 1 of section 150 of the Code. Do they constitute a cause of action arising out of the transaction " set forth in the complaint as the foundation of the plaintiffs claim?" The whole transaction set forth in the complaint as the foundation of the plaintiff's... | |
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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 ; 2. 
