 | Montana (Ter.) - Law - 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... | |
 | Francis Hilliard - Damages - 1867 - 595 pages
...up in defence a counter-claim for fraud in the sale. " The counter-claim . . . must bo one existing in favor of a defendant, and against a plaintiff,...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... | |
 | John Townshend - Court rules - 1867 - 292 pages
...Counter-claim.— Severa 1 defences. The counter-claim mentioned in the last section must be one 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 following causes of actijn : 1. A cause of action arising out of the... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1867
...determined in his favor. But I think this point is not well taken. A 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." Upon McKay's own statement which he offered to verify, I do not see that anything was in litigation... | |
 | New York (State) - 1867 - 1063 pages
...Counter-claim. Several defences. •. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, and arising oat of one of the following causes of action : — 1. A. cause of action arising out of... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1878
...§100. And the counter claim itself is described in the next section, — " it must be one existing in favor of a defendant and against a plaintiff between...whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
 | New York (State) - Civil procedure - 1869 - 213 pages
...Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and against a plaintiff,...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | Thomas Whitney Waterman - Set-off and counterclaim - 1869 - 731 pages
...p. 463 ; citing Harlan v. Lumsden, 1 Duvall, Ky. R 86). As a counter-claim under the New York Code must exist in favor of a defendant and against a plaintiff between whom a several judgment may be had in the action, a claim of the defendant that the assignor of the plaintiff, at the time... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 861 pages
...Counter-claim. Several defenees. The counter-claim mentioned in the last section, must be one 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 following causes of action : 1. A cause of action arising out of the... | |
 | Abraham Lansing, New York (State). Supreme Court - Law reports, digests, etc - 1870
...claim against the plaintiff individually. This is the test. It must be a claim or demand " existing in favor of a defendant, and against a plaintiff,...whom, a several judgment might be had in the action." (Code, § 150.) It was not a demand against the plaintiff alone, but against the plaintiff, and another,... | |
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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. 
