...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...

...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...

...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,...

...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...

...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...

...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...

...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...

...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...

...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...

...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...