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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. "
Laws of the Territory of Utah Passed by the Legislative Assembly - Page 206
by Utah - 1884
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 27

Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's 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;...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...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...the subject of the action : 2. In an action arising on obligation, any other cause of action arising also on obligation, and existing at the commencement...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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 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,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's 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...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's 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,...
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Laws of the State of New York

New York (State) - Session laws - 1852 - 836 pages
...causes wn*.-.. 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...the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and exibtiug at the commencement of...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 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,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...defendant and against a plaintiff, between whom a several judgment might be liad in 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 plaintin's claim, or...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...under the Code. The counter claim allowed by the Code in an action not arising on contract, must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim or be connected with the subject of the action. Bogardus agt. Parker, 303. COUNTY CLERK'S office, see...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set...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...
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