| South Carolina, Robert A. Lynch - 1880 - 256 páginas
...10-465, 185, arising out of one of the following causes of action: n-337 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... | |
| New York (State) - 1880 - 668 páginas
...between whom and the plaintiff a separate judgment may be had in the action. 1. A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff'* claim, or connected with the subject of the action. 2. In an action on contract, any other... | |
| 1896 - 2118 páginas
...The Code of Kansas provides, in substance, that a counterclaim may be pleaded by a defendant wlien it arises out of "the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or [is] connected with the subject of the action."... | |
| New York (State) - 1881 - 1532 páginas
...whom and the plaintiff a separate judgment may be had in the action : (3) 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.(4) on contract, existing at the commencement of the action.... | |
| Nathan Howard (Jr.), Rowland M. Stover - 1882 - 656 páginas
...by motion. Perry agt. Foster. Section 501 of the Code allows a counter-claim to be interposed which arises out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs claim or connected with the subject of the action. The plaintiff, by demurring, admits that... | |
| John Bouvier - 1883 - 870 páginas
...whom and the plaintiff a separate judgment may be had in the 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 on contract, any other cause of action on... | |
| 1883 - 524 páginas
...defeat the plaintiff's recovery (Code Civ. Pro. § 501). Under that section, 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, may be interposed by a defendant. The transaction of which... | |
| John Norton Pomeroy - 1883 - 870 páginas
...and which is limited and defined therein. When the action is upon contract, unless the counter-claim arises out of the contract or transaction set forth in the complaint as the foundation of the plaintiff 's claim, or be connected with the subject of the action, it must be a legal or equitable... | |
| 1883 - 676 páginas
...Crowett, for respt. Held, No error ; that assuming that defendant has a right of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, is not connected with the subject of the action and is not a cause... | |
| 1897 - 1148 páginas
...the action, and arising out of one of the 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... | |
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