 | New York (State). - Civil procedure - 1850 - 920 pages
...section, he cannot afterwards maintain an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <i«ni»n<i«. such circumstances, that if one had brought an action...assignment or death of the other ; but the two demands be deemed compensated, so far as they equal each other. SEC. 49. The defendant may set forth by answer... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...This matter is accordingly regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under such circumstances,...if one had brought an action against the other, a counterclaim or set-off could have been set up, neither can be deprived of the benefit thereof by the... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...upon contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross assiifnment or death of the other ; but the two demands shall be deemed compensated, so far as they... | |
 | District of Columbia - Law - 1857 - 788 pages
...not recover costs against the plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under such circumstances...if one had brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by... | |
 | California - Civil procedure - 1858 - 320 pages
...the counter claim, are to be taken as admitted. — Graham v. Dunnigan, 4 Abbott, 426. 48. When cross demands have existed between persons, under such circumstances,...the other, a counter claim could have been set up, ijeither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the... | |
 | Kansas - Law - 1858 - 482 pages
...unless permitted fendnnt tn lose ,..,«• his set off. to use it as a set-on. SEC. 99. That, when cross demands have existed between persons under such circumstances, that if one had brought an action Cross demands n- , or counter against the other, a counterclaim or set-off could have been set claims... | |
 | Kansas - Session laws - 1859 - 726 pages
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by... | |
 | North Dakota - Session laws - 1862 - 640 pages
...between per6' CIVIL PROCEDURE. when eross demands have existed. Guardians or attorneys shall answer. sons under such circumstances, that if one had brought an action against the other, a counter claim or set-off could have been set up, neither can be deprived of the benefit thereof, by the assignment... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862 - 754 pages
...could be pleaded as a counter claim, or set-oft', to an action brought upon the other, neither can be deprived of the benefit thereof, by the assignment or death of the other, and the two demands must be deemed compensated, so far as they equal each other." 2 RS, § 61, p. 41.... | |
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When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... 
