...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.)...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...