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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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Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - Code pleading - 1885 - 581 pages
...of the Codes in some of the States, a counter-claim, in order to be available, must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action.1 In New York, the counter-claim may, in a proper case, be against the person whom the plaintiff...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - Law - 1885 - 1310 pages
...counterclaim mentioned in the last Countersection shall be one existing in favor of the defendant andclalm' 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...
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The Codes and Statutes of California, as Amended and in Force at the Close ...

California - California - 1886
...counter-claim tobe set up. SEO. 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 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 American Reports: Containing All Decisions of General ..., Volume 53

Isaac Grant Thompson - Law reports, digests, etc - 1886
...must be a cause of action existing in favor of VOJL. LIII — 55 Gatliug v. Commissioners of Carteret. a defendant and against a plaintiff, between whom a several judgment might be hud. Code, § 244. There is no rule of practice or procedure, known even to the loose pleading tolerated...
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Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - Civil procedure - 1887 - 635 pages
...508. §5072. Counter-claim. The counter-claim mentioned in the preceding 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 plaintiff's...
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The Southwestern Reporter, Volume 156

Law reports, digests, etc - 1913
...the general statute authorizing counterclaims (section 1807, RS 1909) the counterclaim must be one in favor of a defendant and against a plaintiff between whom a several judgment might be had and arising out of one of the following causes of action: First, a cause of action arising out of the...
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The American and English Encyclopedia of Law, Volume 22

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1893
...ascertained bv the decision of a court." Ohio Rev. St. 1890, § 6075. " The counterclaim must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might behad in the action, and arising out of the contractor transaction set forth in the petition as the...
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The Southwestern Reporter, Volume 143

Law reports, digests, etc - 1912
...contract and existing at the commencement of the action." In either case It must be a claim "existing In favor of a defendant and against a plaintiff, between whom a several judgment may be had." The statutory counterclaim embraces a cross-bill In equity, but Is not limited to that,...
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The Southwestern Reporter, Volume 111

Law reports, digests, etc - 1908
...1906, p. 635), providing that a counterclaim must be one existing in favor of a defendant and »gainst a plaintiff between whom a several judgment might be had in the action, and must refer to the cause of action which it is intended to answer, does not contemplate that a defendant...
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The Southwestern Reporter, Volume 172

Law reports, digests, etc - 1915
...§ 180J, provides that a counterclaim must be one existing in favor of a defendant and against the plaintiff between whom a several judgment might be had in the action, and arising out of a contract or transaction set forth in the petition as the foundation of plaintills'...
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