 | John Townshend - 1867 - 298 páginas
...existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in 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... | |
 | Anthony L. Robertson - 1867 - 786 páginas
...Kent's Com. 1th ed. 165.) VII. A defendant may set off any demand against the plaintiff which arose out of the contract or transaction set forth in the complaint as the foundation of his claim, or which is connected with the subject of the action, or any other cause... | |
 | Anthony L. Robertson - 1867 - 782 páginas
...exception. Feeny v. The feeplt't Firt Int. Company, 699 COUNTER-CLAIM. 1. A claim of the defendant not arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action, but arising upon another wholly independent contract made... | |
 | South Carolina - 1868 - 942 páginas
...favor of a defendant, and ngainst a plaintiff, between whom a ai defences. several judgment might be had in the action, and arising out of one of the following...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
...plaintiff's 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... | |
 | New York (State). - 1869 - 280 páginas
...of a defendant, and against a plaintiff, between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of the contract or transaction set forth in the complaint,as the foundation of the plaintiff's... | |
 | Thomas Whitney Waterman - 1869 - 800 páginas
...code has extended this right to actions of tort is that the first subdivision of section 150 allows a cause of action arising out of the contract or transaction set forth in the complaint to be the subject of a counter-claim. But the introduction of the word transaction is scarcely sufficient... | |
 | New York (State) - 1869 - 1002 páginas
...existing in favor of a defendent, and against a plaintiff, between whom mayn't a several judgment might be had in the action, and arising out of one {££*",. of the following causes of action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" forth in... | |
 | North Carolina. Supreme Court - 1875 - 720 páginas
...hereafter but one form of action," &c. CCP sec. 12. BITTISG t>. THAXTON. A counter claim must be " a cause of action arising out of the contract, or transaction set forth in tho complaint, as the foundation of the plaintiff's claim, or connected wjth the subject of tho action."... | |
 | New York (State), John Townshend - 1870 - 896 páginas
...existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following...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,... | |
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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. 
