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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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The Code of Procedure of the State of New York: From 1848 to 1871 ...

Civil procedure - 1870 - 361 pages
...distinguished. 1 5O. (As am d in 1852.) The counterclaim mentioned in the leaf tection must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in tfte action, and arising out of one of the following causes of action : 1. A cause of action arising...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870
...language. 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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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 102

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916
...of the Code of Procedure says : "The counterclaim 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," etc. A counterclaim, therefore, must be a cause of action existing in favor of a defendant against...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State)., William Wait - Civil procedure - 1871 - 975 pages
...many grounds of defense as exist. The counterclaim mentioned in the last section, must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might he had in the action, and arising out of one of the following causes of action : 1. A cause of action...
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The Code of Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1872
...transactions, into one vi*v, to be judged as a whole. The counter claim must show a cause of action in favor of a defendant and against a plaintiff, between...whom a several judgment might be had in the action. If, for example, the claim and defense be, as they generally are, puch that the plaintiff might recover...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 750 pages
...$ 438. (} 47.) The counter claim mentioned in the last section must be one existing in favor of 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. A cause of action arising out of the...
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The Code of Civil Procedure: Of the State of California

California, Creed Haymond - Civil procedure - 1872 - 768 pages
...mentioned in the When counter last section must be one existing in favor of a de- jj™ to be fendant 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. A cause of action arising out of the transaction...
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The Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - Remedies (Law) - 1873 - 771 pages
...up in defence a counter-claim for fraud in the sale. " The counter-claim . . . 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 the contract or transaction set forth in the petition as the foundation of the plaintiff's...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Law - 1873 - 1063 pages
...without repetition. SEC. 173. 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 the Decisions of the Court of Appeals of the State of ..., Volume 1

New York (State). Court of Appeals - Law reports, digests, etc - 1873
...upon it against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this'definition. The referee was,...
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