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
| Law reports, digests, etc - 1908 - 1282 pages
...connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must...plaintiff, between whom a several judgment might be had Jn the action, and arising out of one of the following causes of action: (1) A cause of action arising... | |
| California - Civil procedure - 1880 - 864 pages
...pleading, sec. 4.59. Trespass—a.! Cal. 578; 49 CaL 598. Undue influence— see M о кто до к. § 438. The counter-claim mentioned in the last section...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action« 2. In an action arising upon contract;... | |
| Jonathan Henry Jellett - Bankruptcy - 1880 - 394 pages
...but only puts in issue the material allegations of the complaint. The counter-claim above mentioned must be one existing in favor of a defendant, and...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. 2. In an action arising upon contract... | |
| California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...private, pleading, sec. 459. Trespass— 32 Cal. 57«; 49 Cal. 598. Undue influence— see MOHTOAGE. § 438. The counter-claim mentioned in the last section...plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
| Law reports, digests, etc - 1887 - 1910 pages
...may contain "a statement of any new matter constituting a counter-claim/' which claim (section 72) "must be one existing in favor of a defendant, and...whom a several judgment might be had in the action." The first cause of demurrer is immaterial. This matter is not pleaded as a defense to the action, but... | |
| Nebraska, Guy Ashton Brown - Law - 1881 - 838 pages
...intelligible manner to the cause of action which they are intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must...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 plaintiffs claim, or... | |
| Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...intelligible manner to the cause of action which they are intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must...judgment might be had in the action, and arising out oí the contract or transaction set forth in the petition as the foundation of the plaintiff's claim,... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1882 - 764 pages
...objection to its being set up as a defense by the appellant Beaudin. The statute says " the counterclaim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." Sections 2656 and 2657, RS 1878, provide that counterclaims may be such as were formerly legal or equitable,... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1883 - 958 pages
...action, which they are intended to answer. " Section 101 provides that "The counter-claim mentioned m the last section must be one existing in favor of...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,... | |
| North Carolina, Walter Clark - Civil procedure - 1884 - 550 pages
...Griffith, 79 — 201. Sec. 244. Cmintercluim. CCP. x. 1O1. The counterclaim mentioned in the preceding section must be one existing in favor of a defendant,...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,... | |
| |