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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. "
Proceedings of the ... Annual Meeting - Page 213
by California Bar Association - 1920
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - Law reports, digests, etc - 1857
...the only restriction under the code is, that the set-off must be one existing in favor of a defendant against a plaintiff, between whom a several judgment might be had, in the action. The present action is one of that kind, as was held in the case of The People v. Cram, (8 How. 151.)...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858
...94, Q'hat the counterclaim mentioned in the last section off or counter ust be. must be one existing in favor of a defendant and 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 petition as the foundation of the plaintiff's...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859
...103. 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 had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's...
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Session Laws

North Dakota - Session laws - 1862
...answer. SECT. 91. The counter claim, mentioned in the last section, counterclaim, must be one existing in favor of a defendant and 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 petition as the foundation of the plaintiff's...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - Civil procedure - 1863
...counter-claim under the Code must present the following characteristics, ie : It must be a claim existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, and arising out of one of the two following causes of action : 1. A cause of action, arising out of...
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Law Reform

Thomas Berry Cusack Smith - Law reform - 1863 - 123 pages
...Section 646 provides that " The counterclaim mentioned in the last section must be one existing in favour of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action.'1 1st. — " A cause of action arising out...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - Law - 1863
...mentioned in the last section, most be one existing in favor of a defendant, and against a fortl» «• plaintiff, between whom a several judgment might be had in "'"* the action, and arising out of one of the following causes of dl action : 1. A cause of action arising out of the...
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Laws of the Territory of Idaho

Idaho - Session laws - 1864
...other. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: First. A cause of action arising out of the...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: First. A cause of action arising out of the...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1866
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : First, a cause of action arising out of...
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