 ... 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,...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 4by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...Amended Cjde, § 149. § 646. The counterclaim mentioned in the last section, must bs one existing in favor of a defendant, and against a plaintiff,...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,... | |
 | 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) - Civil procedure - 1852 - 606 pages
...Counterclaim. 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...me in the 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,... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...consti- SKO. 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... | |
 | 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) - Civil procedure - 1855 - 802 pages
...Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...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,... | |
 | 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...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,... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...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... | |
 | District of Columbia - Law - 1857 - 788 pages
...distinguished. SEC. 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against a plaintiff between...judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,... | |
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