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" Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates... "
A Law Dictionary: Containing Definitions of the Terms and Phrases of ... - Page 233
by Henry Campbell Black - 1910 - 1314 pages
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 126

California. Supreme Court - Law reports, digests, etc - 1906
...hundred dollars. 1. Appellants argue that the court erred in allowing the cross-complaint to be filed. "Whenever the defendant seeks affirmative relief against any party, relating to or depending vipon the contract or transaction upon which the action is brought, .... he may, in addition to his...
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Civil Procedure of the Trial Court in Historical Perspective

Robert Wyness Millar - History - 2014 - 534 pages
...is not always the case. A provision adopted by California in 1874 made a cross-complaint available "whenever the defendant seeks affirmative relief against...affecting the property to which the action relates." 1S This was subsequently copied with or with15 la. Code Civ. Pract. 1860, 276, 282, 285, 287;...
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Annual Reports of the Secretary of War, Volume 1, Part 10

United States. War Dept - 1901
...Whenever the defendant seeks affirmative relief aside from the payment of money against any party, he may, in addition to his answer, file at the same...time, or by permission of the Court subsequently, a cross- complaint. The defendants to the cross-complaint may demur or answer thereto as they would to...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 10

Law reports, digests, etc - 1910
...contribution among the coguarantors was necessary to its determination. Prior to 1907, section 442 read: "Whenever the defendant seeks affirmative relief against...to or depending upon the contract or transaction," etc., "he may ... file ... a cross-complaint." In 1907 (Stats. 1907, p. 706) this section was amended...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 136

California. Supreme Court - Law reports, digests, etc - 1906
...unfounded, since the allegations set forth therein do not in any way appear "to relate to or depend upon the contract or transaction upon which the action is brought or to affect the property to which the action relates," as required for a cross-complaint by section 442...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 142

California. Supreme Court - Law reports, digests, etc - 1906
...against any party, relating to ... the contract or transaction upon which the action is brought, .. . . he may, in addition to his answer, file at the same time ... a cross-complaint." It is clear that the defendant sought affirmative relief, depending upon the...
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