 | Austin Abbott - Civil procedure - 1858 - 610 pages
...states a cause of action against the plaintiff, 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. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial in a verified answer of the indorsers,... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...upon contract; any other cause of action arising also upon contract and existing at the com--. • ч the complaint as the foundation of the plaintiff's...claim, or connected •with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
 | Kansas - Law - 1858 - 482 pages
...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 claim, or connected with the subject of the action. When costs in SEC. 95. That if the defendant omit to set up the countersuch oase can- . ii • -IT... | |
 | 1859 - 788 pages
...Code ? , The 1 50th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Commerce - 1859 - 780 pages
...Code ? The 150th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...claim, or connected with the subject of the action. (.Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Commerce - 1859 - 782 pages
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1859 - 804 pages
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...the Code ? Section 150 warrants a counter-claim in favor of a defendant against a plaintiff, for a cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiffs' claim, or connected with the subject of the action. (§ 150, eubdiv. 1.) The Xenia Branch... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 706 pages
...Clark v. Henry, 2 Cowen, 332.) If this answer does not set up a cause of action as a counter claim arising out of the transaction set forth in the complaint " as the foundation of the plaintiff's claim or Burns r. Nevins. connected with the subject of the action," I cannot imagine a case where an answer... | |
 | Kansas - Session laws - 1859 - 726 pages
...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 claim, or connected with the subject of the action. SEC. 104. If the defendant omit to set up the counter-claim Sfl^V.oSta"'" or set-off, he cannot recover... | |
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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 ; 2. 
