 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.  The Pacific Reporter - Page 1641925Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1860 - 730 pages
...demurrer properly overruled ? Any cause of action in favor of the defendant, which arises out of the transaction set forth in the petition, as the foundation of the plaintiff's claim, may be relied upon as a counter claim. A counter claim is substantially a cross action by the defendant... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...or some of them, against the plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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 obligation, any other cause of action arising also on obligation, and existing... | |
 | Kentucky - Law - 1851 - 548 pages
...insufficient, defendant may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the... | |
 | Kentucky - Session laws - 1851 - 544 pages
...insufficient, defendant may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 arising also on contract, and existing... | |
 | New York (State) - Session laws - 1852 - 836 pages
...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 arising also on contract, and exibtiug... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...action : 1. A cause of action arising out of the contract or tnasaction 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 arising also on contract and existing... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...causes of action : 1st. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...counter-claim is, 1st, 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. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
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