 | William Wait - Civil procedure - 1873 - 950 pages
...which may properly be inserted in an answer, and to which a reply can be necessary, is 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... | |
 | New York (State). Court of Appeals - Law reports, digests, etc - 1873 - 684 pages
...upon it against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this definition. The referee was,... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1906 - 554 pages
...Statutes, where set-off is defined as a cause of action existing in favor of a defendant and against the plaintiff, between whom a several judgment might be had in the action, etc. ; providing further for the making of a new party where necessary to a full decision on the set-off... | |
 | Wyoming - Session laws - 1874 - 302 pages
...answer. SEC. 92. The counter-claim mentioned in the last section Couater-eiui.n. 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... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...the defendants. Hill v. Butler, 6 Ohio State, 207. 36. The Code allows any ground of defense 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... | |
 | New York (State). Court of Appeals - Law reports, digests, etc - 1874 - 732 pages
...Procedure. Taylor v. Root. By section 150, a counter-rliiim must be one, existing :.i favor of a dcfendan t and against a plaintiff, between whom a several judgment might be had in the action. As in the case of payment to one of the plaintiffs of his share in full or in part, the judgment might... | |
 | Isaac Grant Thompson, Robley D. Cook - Law reports, digests, etc - 1874 - 784 pages
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant, against a plaintiff, between whom a several judgment might be had in the action, and arising out of the contract or transaction set out in the complaint as the foundation of plaintiff's... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...counter-claim to be set up. SEC. 438. The counter-claim mentioned in the last section must be one existing ndum thereof, be in writing, and either subscribed...by or in the handwriting of the party to be charged and arising out of one of the following causes of action : 1. A cause of action arising out of the... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...answer. SEC. 92. The counter-claim mentioned in the last section must cmmter-ciain. 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... | |
 | Austin Abbott - Civil procedure - 1857 - 608 pages
...applied for leave to reply. Danenhover a. March. DAVIES, J. — A 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. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
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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. 
