 Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...  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
 | 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 - Law reports, digests, etc - 1890 - 716 pages
...property to winch the plaintiff's action relates: Section 805, Code Civil Proc., (Laws Utah, 1884), is as follows: "Whenever the defendant seeks affirmative...the contract or transaction upon which the action is sought, or affecting the property to which the action relates, he may, in addition to his answer, file... | |
 | California, Nathan Newmark - Civil procedure - 1880 - 768 pages
...623; Belli). Brown, 22 Cal. 678; 25 Cal. t; 30 Cal. 192; 34 Cal. 39; 43 Cal. 264; 52 Cal. 565. § 442. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the confact or transaction upon which the action is brought, or affecting the property to which the action... | |
 | Utah - Session laws - 1882 - 156 pages
...his denial upon that ground. SEC. 12. Section 1274 is hereby amended by adding thereto the following: Whenever the defendant seeks affirmative relief against any party, relating to, or depending upon the con- set U P. tract or transaction upon which action is brought, or affecting the property to which... | |
 | Utah - Law - 1882 - 168 pages
...AMHTK L TBOIUS, that ground. SEC. 12. Sectioa 1274 is hereby amended by adding thereto the following: Whenever the defendant seeks affirmative relief against any party, relating to, or depending upon the con- setup, tract or transaction upon which action is brought, or affecting the property to which the... | |
 | Law reports, digests, etc - 1891 - 1148 pages
...recover in equity, viz., the legal title. Section 442 of the Code of Civil Procedure provides that: "Whenever the defendant seeks affirmative relief against...affecting the property to which the action relates, lie may, in addition to his answer, file ut the same time, or by permission of the court subsequently,... | |
 | Law reports, digests, etc - 1922 - 1152 pages
...<®=»I47— When cross-complaint is permissible. A cross-complaint is permissible in an action only when a defendant seeks affirmative relief against any party...affecting the property to which the action relates, under Code Civ. Proc. § 442. 3. Pleading <3=I47 — Cross-complaint Is not permissible which affects... | |
 | Law reports, digests, etc - 1920 - 1148 pages
...pending action is found In the provision of section 442 of the Code of Civil Procedure which reads: "Whenever the defendant seeks affirmative relief against...depending upon the contract or transaction upon which tbe action is brought, or affecting the property to which the action relates, he may, in addition to... | |
 | Law reports, digests, etc - 1891 - 1158 pages
...Civil Proc. Cal. § 442, providing that, whenever defendant seeks affirmative relief against any party affecting the property to which the action relates, he may, in addition to his answer, file a cross-complaint, there was no error in allowing defendant, in an act .on to quiet title, to file... | |
 | Law reports, digests, etc - 1913 - 1370 pages
...by cross-complaint in such action his right to affirmative relief against any party to the action, relating to or depending upon the contract or transaction upon which the action was brought, or affecting the property to which the action related (section 442, Code Civ. Proc.),... | |
 | Law reports, digests, etc - 1902 - 1172 pages
...unfounded, since the allegations set forth therein do not in any way appear "to relate to or depend upon the contract or transaction upon which the action is brought, or to affect the property to which the action relates," as required for a cross complaint by section.... | |
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