 | New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject... | |
 | 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;... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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...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... | |
 | 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,... | |
 | 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... | |
 | New York (State) - Session laws - 1852 - 836 pages
...had r )]imTius":0 m t'ie acti°D5 an(l arising out of one of the following causes wn*.-.. of action: 1. A cause of action arising out of the contract or...other cause of action arising also on contract, and exibtiug at the commencement of the action; The defendant may set forth by answer, as many defences... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...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...set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract or transaction...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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...of the following 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... | |
 | New York (State). Supreme Court, John Anthon - Law reports, digests, etc - 1854 - 442 pages
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case ranges itself very... | |
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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. 
