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Books Books 1 - 10 of 165 on plaintiff, between whom a several judgment might be had in the action, and arising....  
" plaintiff, between whom a several judgment might be 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... "
The Law Review and Quarterly Journal of British and Foreign Jurisprudence - Page 391
1850
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United States Reports: Cases Adjudged in the Supreme Court, Volume 215

John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1910
...counterclaim mentioned in the last section must be one existing in favor of the defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of the following causes of action: "1. A cause of action arising out of the contract or transaction set...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the...
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The code of procedure of the State of New York: as amended April 16, 1852 ...

New York (State)., New York (State) - Civil procedure - 1852 - 590 pages
...existing in favor of a defendant and against a plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following...set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,...
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A treatise on the principles of pleading in civil actions under the New York ...

George Van Santvoord - Civil procedure - 1852 - 629 pages
...as we have seen, requires the counterclaim to be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action.' No other is authorized to be set up, and if a violation of the rule appears on the face of the pleading...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, F. A. Snyder - Law - 1853 - 1071 pages
...counter claim, in ordinary and concise language. one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be...arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth in the complaint as the foundation...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853
...claim mentioned in the last section, muet be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be...the action, and arising out of one of the following 1" causee of action : 2. A statement of any new matter constituting a defence or counter-claim, in...
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Supplement to the second and third editions of Voorhies' annotated code ...

New York (State), New York (State)., New York (State). Courts - Law - 1854 - 328 pages
...pleading (1850) pp. 2C7-9. " The counter-claim allowed by the code must arise out of the transactionset forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action." In the case of a widow suing to recover her dower in...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State), John Townshend - Civil procedure - 1855 - 798 pages
...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...subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the...
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Reports of practice cases, determined in the courts of the state of New York

Austin Abbott, Benjamin Vaughan Abbott - Civil procedure - 1857
...provisions of that statute have extended the right of the defendant by way of counter-claim, to any cause of action arising out of the contract or transaction set forth in the complaint as the cause of action; or connected with the subject of the action ; as well as to any other causes of action...
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The California practice act: being an act entitled "An act to regulate ...

California, California. Supreme Court - Civil procedure - 1858 - 302 pages
...one existing in favor of the defendant or plaintiff, and against c ''"'" a plaintiff or defendant, between whom a several judgment might ^.\ be had in...the action and arising out of one of the following v* j\v causes of action : . Vj ^ ort '' i" ^ko complaint or answer, as the foundation of the plainЛ...
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