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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 Northwestern Reporter, Volume 117

Law reports, digests, etc - 1908
...SUBJECTMATTER. Rev. Code Civ. Proc. § 127, provides: "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, und arising out of one of the following causes of action: (1) A cause of action arising out oí the...
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Dictionary of Terms and Phrases Used in American Or English ..., Volume 1

Benjamin Vaughan Abbott - Law - 1879
...his counter-claim also, he recovers judgment for the latter. A counter-claim must be one "existing in favor of a defendant and against a plaintiff, between whom a several judgment might be bad in the action, and arising out of one of the following causes of action : 1. A cause of action...
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The Northwestern Reporter, Volume 133

Law reports, digests, etc - 1912
...TRANSACTION." Code Civ. Proc. § 127, stibd. 1, provides that a counterclaim must be a claim existing in favor of a defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 31-32

Law reports, digests, etc - 1887
...statement of any new matter constituting a counter-claim/' which claim (section 72) "must be one existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action." The first cause of demurrer is immaterial. This matter is not pleaded as a defense to the action, but...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - Civil procedure - 1880 - 763 pages
...influence— see MOHTOAGE. § 438. The counter-claim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1. A cause of action arising...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 13-14

Law reports, digests, etc - 1882
...following provisions, viz. : " The counter-claim * * * must be one existing in favor of a defendant und against a plaintiff, between whom a several judgment might be had in tlie action, and arising out of one of the following causes of action: First, * Ileportwl by BF Rex,...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - Law - 1881 - 806 pages
...SEC. 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 the contract or transaction set forth in the petition as the foundation of the plaintiffs...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1881
...controverted by the defendant. SEC. 238. The counter claim mentioned in the last 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 transaction...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 54

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1882
...up as a defense by the appellant Beaudin. The statute says " 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." Sections 2656 and 2657, RS 1878, provide that counterclaims may be such as were formerly legal or equitable,...
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The American Reports: Containing All Decisions of General ..., Volume 41

Isaac Grant Thompson - Law reports, digests, etc - 1883
...answer. " Section 101 provides that "The counter-claim mentioned m 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 the contract or transaction, set forth in the petition, as the foundation of the...
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