 ... 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 74by 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, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - 1903Full view - About this book
 | 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...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,... | |
 | 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... | |
 | 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) - Session laws - 1852 - 836 pages
...without repetition. A wTwai § 150.' The counter-claim mentioned in the last section, ITO£'"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... | |
 | 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... | |
 | 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... | |
 | 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
...sections 74, 150, 165, 346, 247. §150. [129.] (Amended 1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must...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
...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.... | |
 | 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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