 | Law reports, digests, etc - 1884 - 1268 pages
...438, Code Civil Proc., declares that the counter-claim mentioned in section 437 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: (l) A cause of action arising out of the... | |
 | Law reports, digests, etc - 1884 - 880 pages
...Section 438, С. С. P., declares that the counter-claim, mentioned in section 437, 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 the... | |
 | Law reports, digests, etc - 1915 - 1230 pages
...describes a counterclaim in part as follows: "The counterclaim mentioned in section 73 must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in thé action, and arising out of one of the following causes of action. * » * "(2) In an action arising... | |
 | Law reports, digests, etc - 1918 - 1214 pages
...subject of the suit." The provisions of section 74 require that a counterclaim must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had ta the action, and arising out of one of the following causes of action : "(1) A cause of action arising... | |
 | Law reports, digests, etc - 1891 - 1158 pages
...damages, purely a counter-claim, in which case, of course, the demand "must be one existing in favor of defendant, and against a plaintiff, between whom a several judgment might be had in the action. " Code Civil Proc. § 438. In this case a cross-complaint is proper to determine the question as to... | |
 | Law reports, digests, etc - 1897 - 1148 pages
...of Procedure provides that the counterclaim mentioned in the preceding section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might Inhad in the action, and arising out of one of the following causes of action: (1) A cause of action... | |
 | Utah - Law - 1884 - 666 pages
...counter SBC. 301. The counter claim mentioned in the last claim to beset geetion must 1x3 one existing in favor of a defendant and against a plaintiff', between whom a several judgment might IKJ had in the action,'and arising out of one of the following causes of action: 1. A cause of action... | |
 | Law reports, digests, etc - 1921 - 1150 pages
...from disease. Akers is not a party to the action. A counterclaim must be one in favor of a defendant against a plaintiff "between whom a several judgment might be had In the action." Code Civ. Proc. § 438. Appellant claims that if, as alleged by respondents in their counterclaims,... | |
 | Law reports, digests, etc - 1895 - 1140 pages
...counterclaim mentioned In the preceding section must be one existing In favor of a defendant and against я 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... | |
 | Law reports, digests, etc - 1918 - 1214 pages
...without repetition." "Sec. 265. Tlie counterclaim mentioned in the preceding section must be one existing in favor of a defendant and against a plaintiff, between whom a soveral judgment might be had in the .-iction, and arising out of one of the following causes oí action:... | |
| |
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. 
