 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1890
...subject of a counter-claim. But this is at least doubtful. A counterclaim is a cause of action existing in favor of a defendant and against a plaintiff, between...whom a several judgment might be had in the action, and must be a cause of action arising out of the contract or transaction set forth in the complaint... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1890
...language. The counter-claim * * * shall be one existing in favor of the defendant, and agninst the 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... | |
 | Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891
...by the Code of Procedure (§ 149), and thus defined (§150): The counter-claim 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 : i. A cause of action arising out of the... | |
 | Law reports, digests, etc - 1891
...Bliss, Code Pleading, 366. The defense counterclaim or set-off, whether legal or equitable, must be one in favor of a defendant and against a plaintiff between whom a several judgment may be had in the action. Roberts v. Donomn, Dec. 28, 1885; Wood v. Brush, 72 Cal. 224. Aside from... | |
 | North Carolina, Walter Clark - Civil procedure - 1892 - 817 pages
...Counterclaim, CCP, s, 1O1. The counterclaim 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 one of the following causes of action : ii) A cause of action arising out of the... | |
 | Law - 1896
...answer, or cross petition, Is not subject to a demurrer, although it fails to disclose a cause of action "In favor of a defendant and against a plaintiff between whom a several judgment might be had In an action."— PETER v. FARHEL Foo.1DRY & MACHINE Co., Ohio, 42 NE Rep. 690. 48. CORPORATIONS— Representations... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1919
...a counter-claim which, as provided by section 438, Code of Civil Procedure, '-must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had iu the action, and arising out of ... the transaction set forth in the complaint as the foundation... | |
 | Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 956 pages
...28-0714. Requisites o\ counterclaim. The counterclaim mentioned in section 28-0710 2 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 the1... | |
 | Law reports, digests, etc - 1922
...transaction set forth in the complaint as the foundation of plaintiff's claim, but must be one existing in favor of a defendant and against a. plaintiff between...whom a several judgment might be had in the action. I [2] ID.—ACTION TO CANCEL NOTE — RIGHT OF ACTION UPON NOTE — FAILURE TO SET UP AS COUNTERCLAIM.—In... | |
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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. 
