 | 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... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...what is intended. Amended C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against...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... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against...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... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 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) - Session laws - 1852 - 836 pages
...might be 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 transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...answer. Now it defines what the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and against...whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...repetition. What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against...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, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 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). 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 set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the suhject of the... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against...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... | |
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... 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. 
