 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...judgment might be had in the action, and arising out of one of the following causes of action: 1. A cause of action arising out of the transaction set...claim, or connected with the subject of the action; 2. In an action arising upon contract; any other cause of action arising also upon contract and existing... | |
 | California - 1872 - 774 páginas
...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the transaction set...plaintiff's claim, or connected with the subject of tho action. 2. In an action arising upon contract ; any other cause of action arising also upon contract... | |
 | California - 1872 - 892 páginas
...and the correlative undertakings of the defendants, are but parts of one contract. That contract is ' the transaction set forth in the complaint as the foundation of the plaintiff's claim,' and the counter claim pleaded 'arises out of that transaction,' and is 'connected • with the subject... | |
 | South Carolina - 1873 - 1164 páginas
...following causes of action: — 1. 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. la ad action arising on contract, any other cause of action arising also on contract, and existing... | |
 | New York (State), John Townshend - 1873 - 960 páginas
...following causes of action : 1. 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. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
 | William Wait - 1873 - 950 páginas
...following causes of action : (1) 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) In an action arising on contract, any other cause of action arising also on contract, and existing... | |
 | Abraham Clark Freeman - 1873 - 590 páginas
...instituted by himself. 3 By the recently adopted code of California, if the counterclaim arises ' ' out of the transaction set forth in the complaint as the foundation of the plaintiff's claim," or is "connected with the subject of the action" and the suit is in any other than a justice's court,... | |
 | Francis Hilliard - 1873 - 852 páginas
...of one of several defendants, to be set up in answer to the action ; but such counterclaim must be a cause of action arising out of the transaction set forth in the petition, or be connected with the subject of the action. Where the petition states the occupation... | |
 | Ohio, George E. Seney - 1874 - 896 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. ' ;/;£$ 1. A counter-claim must contain facts recognized by courts of law or equity as constituting... | |
 | John Bouvier - 1874 - 746 páginas
...may be for any "cause of action 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." Mo. Rev. Stat. 1855, 1233. This probably contemplates a recoupement in actions ex delicio as well as... | |
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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. 
