 | New York (State), John Townshend - 1873 - 960 páginas
...the action, and arising ont 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... | |
 | Abraham Clark Freeman - 1873 - 590 páginas
...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, the... | |
 | California - 1874 - 870 páginas
...against the plaintiff. The cause of action set forth in the counter claim must arise either out of llio contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,... | |
 | Marcus Tullius Hun - 1875 - 902 páginas
...existing in favor of a defendant against a plaintiff, between whom a several judgment may be had, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff" 's demand, or connected with the subject of the action, or a cause of FIKST DEPARTMENT,... | |
 | John Norton Pomeroy - 1876 - 924 páginas
...and which is limited and defined therein. When the action is upon contract, unless the counterclaim arises out of the contract or transaction set forth...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 cause of action against... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1876 - 608 páginas
...demurred to, are, therefore, not available in this action under § 150 of the Code. They do not arise out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, nor are they connected with the subject of the action. The words "the subject of the action" mean "the... | |
 | New York (State), William Wait - 1877 - 662 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... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 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. the payments upon the purchase money by counter-claim in... | |
 | New York (State) - 1879 - 436 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... | |
 | 1908 - 1282 páginas
...action, und arising out of one of the following causes of action: (1) A cause of action arising out oí 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 o£... | |
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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. 
