 | 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). - Civil procedure - 1850 - 920 pages
...646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom a several judgment...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,... | |
 | 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... | |
 | 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,... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...150. 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...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,... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...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 arising out of the contract or transaction set forth in the complaint as the foundation of the plaintin's claim, or... | |
 | 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... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...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 of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...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,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...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... | |
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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. 
