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" 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 had in the action, and arising out of one of the following causes of action : 1. "
The Codes and Statutes of the State of California - Page 969
by California, Theodore Henry Hittell - 1876 - 1861 pages
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 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...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,...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 pages
...constituting a defence or counter-claim, in ordinary and concise language, without repetition. 150. The counter-claim mentioned in the last section, must...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,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - Civil procedure - 1852 - 590 pages
...sections 74, 150, 165, 246, 247. 150. [129.] (Amended 1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must...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...
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Compiled Laws of the State of California: Containing All the Acts of the ...

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...arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set forth in the complaint as the foundation...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1853
...intended to 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...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...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853
...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...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 798 pages
...sections 74, 150, 165, 346, 247. 150. [129.] (Amended 1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must...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,...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855
...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...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,...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1856
...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 arising out of the contract or transaction pet forth in the complaint, as the foundation of the plaintiff's claim...
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Digest of the Laws of California: Containing All Laws of a General Character ...

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...1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation of the plaintiff's claim, or connected •with the subject...
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