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" A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 201
by New York (State). Supreme Court. Appellate Division - 1905
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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
...and arising out of one of the following 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, or connected with the subject of the action : 2. In an action arising on obligation, any other cause...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...and arising out of one of the following 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, or connected with the subject of the action. 2. In an action arising on contract, any other cause of...
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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
...and arising out of one of the following 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 plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause...
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The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - Law reports, digests, etc - 1854 - 442 pages
...Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case...
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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
...action, and arising out of one of the following 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, or connected with the subject of the action. 2. In an action arising on contract, any other cause of...
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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
...and arising out of one of the following 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, or connected with the subject of the action ; 2. In an action arising on contract, any other cause...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...against a plaintiff between whom a several 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, or connected with the subject of the action. SEC. 14. If any defendant personally served with notice...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 6

Austin Abbott - Civil procedure - 1858 - 610 pages
...claim. It is enough if the answer states a cause of action against the plaintiff, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 7

Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...defendant may recoup his damages, or set up a counter-claim on a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. (Code, ยง 150, subdv. 1.) The defence...
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