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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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New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...know what is intended. § 646. The counterclaim mentioned in the last section, must bg 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 : 1. A cause of action, arising out of the...
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Civil Procedure of the Trial Court in Historical Perspective

Robert Wyness Millar - Civil procedure - 2005 - 550 pages
...diminish or defeat the plaintiff's recovery, so long as (in keeping with the received rule) it exists in favor of a defendant and against a plaintiff between whom a several judgment may be had in the action.20 All other counter-demands, in consequence, fall under the governance of...
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L'oggetto del giudicato nell'esperienza americana

Diego Volpino - Law - 2007 - 484 pages
...JAMES-HAZARDLEUBSDORF, op. cit., p. 568) richiedeva che il counterclaim «Be one existing in favorof 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...
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