 | North Carolina. Supreme Court - 1884 - 738 páginas
...Craven, 86 NC, 364. A counter-claim as defined in THE CODE, § 244, is : 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... | |
 | 1911 - 1164 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 i plaintiff's claim; (2) in an action arising on contract, any other cause of action arising also on... | |
 | 1915 - 1234 páginas
...the proposition of whether this claim is "a cause of action arising 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," which, under Сотр. Laws 1907, § 29G9, would constitute... | |
 | Charles Theodore Boone - 1885 - 598 páginas
...the original complaint.5 And although the defendant may have a right of action, if it does not arise out of the contract or transaction set forth in the...as the foundation of the plaintiff's claim, or is not connected with the subject of the action, or i» not a cause of action on contract, it cannot be... | |
 | 1890 - 1220 páginas
...must be a cause of action against the plaintiff tending to diminish or defeat his recovery, 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. 'Id. §501. It is alleged in the answer that the defendant... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 páginas
...provision. A counter-claim must be one of the two 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 plaintiffs claim or connected with the subject of the action. 2. In an action on contract, any other... | |
 | 1886 - 942 páginas
...ordemand for damages." In section 351, Rev. St. 1881, a counter-claim is referred to as a matter " arising out of the contract or transaction set forth in the complaint as the ground of the plaintiffs claims, or any of them." Under these statutory definitions it is very... | |
 | 1911 - 1172 páginas
...authorizes the pleading as a counterclaim, other conditions being satisfied, of "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 action." Рошегоу on Code Remedies (4th Ed.) § 602. The tort upon... | |
 | 1886 - 880 páginas
...had in the action, and arising out 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." Now, this is what would have been previously allowed by... | |
 | 1922 - 1202 páginas
...that In that state they had a statute which permitted a defendant te plead "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," and it was held that a cause of action in tort by the tenant... | |
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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. 
