 The counter-claim mentioned in the last section, 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.  The Codes and Statutes of the State of California - Page 969by California, Theodore Henry Hittell - 1876 - 1861 pagesFull view - About this book
 | New York (State). - Civil procedure - 1869 - 280 pages
...and aoncise Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...292 ; see Lewi» v. Palmer, 28 NY 271). § 15O. (Am'd 1849, 1852.) Counter-claim. Several defenees. The counter-claim mentioned in the last section, must...causes of action : 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff 's claim,... | |
 | Utah (Ter.) - Law - 1870 - 162 pages
...language. SEC. 47. The counter claim mentioned in the last Section, shall be one existing in favor of the defendant and against a plaintiff, between whom a...arising out of one of the following causes of action: First — A cause of action arising out of the transaction Counter claim set forth in the complaint... | |
 | Statutes - 1870 - 288 pages
...existing in favor of a defendant. and against a plaintiff, hetween whom a several jndgment might he had in the action, and arising out of one of the following...causes of action : 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim,... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916 - 614 pages
...contemplated by the Code, which, if not denied, stands admitted. Section 200 of the Code of Procedure says : "The counterclaim mentioned in the last section must...whom a several judgment might be had in the action," etc. A counterclaim, therefore, must be a cause of action existing in favor of a defendant against... | |
 | New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...Peters, 15 Abb. 197. $ 15O. [129.] (Am'd 1849, 1852.) May set forth as many grounds of defense as exist. The counterclaim mentioned in the last section, must...a plaintiff, between whom a several judgment might he had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | South Carolina - Law - 1873 - 1164 pages
...or counter claim, in ordinary and concise language, without repetition. SEC. 173. The counter claim mentioned in the last Section must be one existing...of action: — 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...counter-claim 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...causes of action : (1) A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim,... | |
 | New York (State), John Townshend - Civil procedure - 1873 - 960 pages
...293 ; see Lewis v. Palmer, 28 NT 271). ' l.»O. (Am'd 1849, 1862.) Counter-claim. Several defenses. The counter-claim mentioned in the last section, must...several judgment might be had in the action, and arising ont of one of the following causes of action : 1. A cause of action arising out of the contract or... | |
 | Francis Hilliard - Remedies (Law) - 1873 - 852 pages
...the defendant may set up in defence a counter-claim for fraud in the sale. " The counter-claim . . . must be one existing in favor of a defendant, and...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 claim, or... | |
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