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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 Civil Procedure of the State of California: As Adopted in 1872 ...

California - Civil procedure - 1876 - 867 pages
...Cal. 100, 425. J 438. ($ 47.) The counter claim mentioned in the last section must bo 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 one of the following causes of action : 1. A cause of action arising out of the...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...cross-demand, aud which adopt the following formula in defining it : " The counterclaim must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 12

Austin Abbott - Civil procedure - 1872
...available as a defense, under section 150 of the Code, which provides that it " must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment may be had in the action." Upon such an obligation, the obligors could be sued jointly or separately,...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...verdict. After referring to § 150, the judge proceeds : " The counterclaim is to be a claim existing in favor of a defendant and against a plaintiff between whom a several judgwho are joint contractors and jointly liable, a separate judgment against one or more less than...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 9

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1894
...Procedure which are applicable are as follows: Sec. 3227, 2 Comp. Laws, 1888. The counter-claim must be one in favor 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. A cause of action arising out of the transaction...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 39

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1913
...material here, that "the counterclaim mentioned in the next preceding 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 one of the following causes of action: (1) A cause of action arising out of the...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 25

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1903
...Failure to Reply: Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between...•whom a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volumes 1-2

Robert D. Handy, John H. Handy, Ohio. Superior Court (Cincinnati) - Law reports, digests, etc - 1877
...information on the subject in the code. Section 0-i provides that the 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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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 50

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1919
...struck, is not the subjectmatter for an action at law. It is not, therefore, a counterclaim 'existing in favor of a defendant and against a plaintiff, between...whom a several judgment might be had in the action within the meaning of section 438 of the Code of Civil Procedure.' " To the same effect are the decisions...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 437 pages
...77—271. 2 101. — Counter-claim. 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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