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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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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

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...
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The Law of Remedies for Torts, Or Private Wrongs

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...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

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...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 21

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...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

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...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 79

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...
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The Code of Procedure of the State of New York: As Amended by the ...

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...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

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...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

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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