 ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff,...  Law Reform - Page 113by Thomas Berry Cusack Smith - 1863 - 123 pagesFull view - About this book
 | New York (State). - Civil procedure - 1850 - 920 pages
...C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom...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,... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...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... | |
 | 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...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,... | |
 | 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... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...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... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom...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... | |
 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & 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,... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...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... | |
 | William H. R. Wood - Law - 1857 - 834 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...and arising out of one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation... | |
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