 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1857 - 722 pages
...the only restriction under the code is, that the set-off must be one existing in favor of a defendant against a plaintiff, between whom a several judgment might be had, in the action. The present action is one of that kind, as was held in the case of The People v. Cram, (8 How. 151.)... | |
 | Kansas - Law - 1858 - 482 pages
...94, Q'hat the counterclaim mentioned in the last section off or counter ust be. 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... | |
 | Kansas - Session laws - 1859 - 726 pages
...103. 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 the contract or transaction set forth in the petition as the foundation of the plaintiff's... | |
 | North Dakota - Session laws - 1862 - 640 pages
...answer. SECT. 91. The counter claim, mentioned in the last section, 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... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...counter-claim under the Code must present the following characteristics, ie : It must be a claim 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 two following causes of action : 1. A cause of action, arising out of... | |
 | Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...Section 646 provides that " The counterclaim mentioned in the last section must be one existing in favour 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 1st. — " A cause of action arising out... | |
 | New York (State) - Law - 1863 - 1026 pages
...mentioned in the last section, most be one existing in favor of a defendant, and against a fortl» «• plaintiff, between whom a several judgment might be had in "'"* the action, and arising out of one of the following causes of dl action : 1. A cause of action arising out of the... | |
 | Idaho - Law - 1864 - 734 pages
...other. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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: First. A cause of action arising out of the... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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: First. A cause of action arising out of the... | |
 | Montana - Session laws - 1866 - 802 pages
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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 : First, a cause of action arising out of... | |
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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. 
