 | John Townshend - 1864 - 320 páginas
...action, and arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or transaction/^ ., -set forth...complaint as the foundation of the plaintiff's claim, v or connected with the subject of the action ; ., 2. In an action arising on contract, any other cause... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1864 - 772 páginas
...The other clause of the section, defming a counterclaim, describes it as " 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." Now, the contract set forth in the... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 páginas
...LAW, 248, 249. COUNSELLOR ATTORNEY AND CLIENT. COUNTER-CLAIM. out of — 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of plaintiffs claim, or connected with the subject of the action. 2. In an action arising... | |
 | Nathan Howard (Jr.) - 1866 - 618 páginas
...which are the subject of the action, 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 at least connected with the subject of the action, and is strictly a counter-claim, within section... | |
 | Austin Abbott - 1866 - 596 páginas
...which are the subject of the action, 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 at least connected with the subject of the action, and SB strictly a counter-claim, within § 150 of... | |
 | John Townshend - 1867 - 298 páginas
...the action, and arising out of one of the following causes of actijn : 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... | |
 | New York (State) - 1867 - 1086 páginas
...transaction set forth in the complaint (Broum v. Buckint]Iwm, 21 How. 190) ; and as to when a cause of action ence made after the period of twenty years, and within ten years afte or is connected with the action, see Burns v. Nemns, 27 Barb. 493; Lymanv. Newman, 29 Barb. 102; Royardus... | |
 | South Carolina - 1868 - 942 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 action... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 páginas
...claim or demand for damages," may not all bo expressed in section 0O, thus: "a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them." "When the sections are carefully compared, it... | |
 | Thomas Whitney Waterman - 1869 - 800 páginas
...statute had extended the right of the defendant by way of counter-claim, to any cause of action arismg out of the contract or transaction set forth in the complaint as the cause of action, or connected with the subject of the action, as well as to any other cause of... | |
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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. 
