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" ... 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,... "
A Treatise on Pleading and Practice in Courts of Record in Civil Cases in ... - Page 507
by Arthur B. Honnold - 1922
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

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...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...
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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 - 606 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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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

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...
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Laws of the State of New York

New York (State) - Session laws - 1852 - 836 pages
...without repetition. A wTwai § 150.' The counter-claim mentioned in the last section, ITOŁ'"W "id must be one existing in favor of a defendant, and against a iriSus"!™ plaintiff, between whom a several judgment might be had r )]imTius":0 m t'ie acti°D5 an(l...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...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 - 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...
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Compiled Laws of the State of California: Containing All the Acts of the ...

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...
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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 - 802 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...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...
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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 - 738 pages
...the Code is too clear and explicit to be misunderstood. The counter-claim mentioned 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....
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1856 - 334 pages
...repetition. What const!- 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...
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