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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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Reports of Cases Decided in the Circuit and District Courts of ..., Volume 12

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1888
...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, between whom a several judgment might be had iu the action." The first cause of demurrer is immaterial. TLis matter is not pleaded as a defense...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 18

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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 20

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...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volume 3

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...
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Lawyers' Reports Annotated, Book 13

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...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to ...

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...
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The Central Law Journal, Volume 42

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...
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California Appellate Decisions, Volume 30

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...
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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

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...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 44

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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