 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
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...Section 93 of the Code is limited by section 97. Evans v. Hall, 1 Handy, 434. SEC. 94. COUNTER-CLAIM. The counter-claim, mentioned in the last section,...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... | |
 | Wyoming - Session laws - 1874 - 302 pages
...they are intended to answer. SEC. 92. The counter-claim mentioned in the last section Couater-eiui.n. 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... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...the text or in the notes. The following definition has been adopted in a majority of the States : " The counterclaim 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 [petition] as the foundation of the plaintiff's... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...with the second subdivision. The following are the formulas adopted in this group : " The counterclaim must be one existing in favor of a defendant and against...judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...are intended to answer. SEC. 92. The counter-claim mentioned in the last section must cmmter-ciain. be one existing in favor of a, defendant, and against...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... | |
 | Austin Abbott - Civil procedure - 1857 - 608 pages
...allowed by law, and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against...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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1913 - 676 pages
...Section 2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant...out of the transaction set forth in the complaint as the foundation of plaintiffs claim or connected with the subject of the action." (Italics ours.) The... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - Law reports, digests, etc - 1877 - 692 pages
...still further information on the subject in the code. Section 0-i provides that the counterclaim " must be one existing in favor of a defendant and against...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... | |
 | North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...at the same time, a plaintiff and defendant. Francis r. Edwards, 77—271. 2 101. — Counter-claim. 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,... | |
| |
