 | 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 - 618 pages
...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... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1890 - 542 pages
...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... | |
 | Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891 - 856 pages
...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... | |
 | Law reports, digests, etc - 1891 - 930 pages
...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... | |
 | North Carolina, Walter Clark - Civil procedure - 1892 - 950 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... | |
 | California, James Henry Deering - California - 1927 - 2496 pages
...the last paragraph. §438. When counterclaim may be set up. The counterclaim mentioned in section 437 must tend to diminish or defeat the plaintiff's recovery...counterclaim shall not be affected by the fact that cither plaintiff's or defendant's claim is secured by mortgage or otherwise, nor by the fact that the... | |
 | Law reports, digests, etc - 1927 - 1240 pages
...answer pleading payment is not a counterclaim, the court saying: "The 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. A counterclaim must contain the täte. Thereupon the claim above set out was ¡ substance necessary... | |
 | Law - 1896 - 582 pages
...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... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1919 - 1060 pages
...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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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. 
