 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...Amended Cjde, § 149. § 646. The counterclaim mentioned in the last section, must bs one existing in favor of a defendant, and against a plaintiff,...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... | |
 | Henry Whittaker - Civil procedure - 1852 - 869 pages
...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | New York (State). - Civil procedure - 1852 - 590 pages
...Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a 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... | |
 | Nathan Howard, New York (State). Supreme Court - Civil procedure - 1853
...me in the views taken in the People agt. Cram and White. The counter claim is to be a claim existing in favor of a defendant and against a plaintiff, between...'whom a several judgment might be had in the action. This clearly indicates that there may be cases where the set off or counter claim may not be due to,... | |
 | Wisconsin - Session laws - 1853
...consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
 | California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 pages
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising... | |
 | New York (State) - Civil procedure - 1855 - 798 pages
...Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...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... | |
 | Wisconsin - Session laws - 1856
...const!- Sue 55. The counter claim mentioned in the last section, tcr"claim.Uim' muse be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | District of Columbia - Law - 1857 - 699 pages
...distinguished. SEC. 13. The counter-claim mentioned in the last preceding section must be one 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 the contract or transaction set forth in the complaint as the foundation of the... | |
 | William H. R. Wood - Law - 1857 - 871 pages
...The counter claim mentioned in the last section [St. 1851, 57.] shall be one existing in favor of the 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... | |
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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. 
