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Books Books 51 - 60 of 67 on Whenever the defendant seeks affirmative relief against any party, relating to or....
" 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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California Appellate Decisions, Volume 3

California. District Courts of Appeal - Law reports, digests, etc - 1906
...but under section 442 of the Code of Civil Procedure, whenever the defendant seeks affirmative relief affecting the property to which the action relates, he may in addition to his answer, file a crosscomplaint. It is held in this action for restitution of certain premises and for damages that...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 44

Law reports, digests, etc - 1922
...MAINTAINABLE. — A cross-complaint can be maintained only when the defendant seeks affirmative relief relating to or depending upon the contract, or transaction...affecting the property to which the action relates. (Id.) 6. INDEPENDENT COUNTERCLAIMS — CROSS-COMPLAINT NOT PERMITTED.— Persons having independent...
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Reports of Cases Determined in the Courts of Appeal of the State ..., 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 Courts of Appeal of the State ..., Volume 4

Law reports, digests, etc - 1908
...354, 356.) Under section 442, Code of Civil Procedure, whenever the defendant seeks affirmative relief affecting the property to which the action relates, he may in addition to his answer, file a cross-complaint. That the affirmative relief demanded by the defendant related to the property to...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 7

Law reports, digests, etc - 1909
...1102].) The affirmative relief sought by the purported cross-complaint does not relate to or depend upon "the contract or transaction upon which the action is brought," or does not affect "the property to which the action relates." (Code Civ. Proc., sec. 442.) The statement...
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The Pacific Reporter, Volume 9

Law reports, digests, etc - 1886
...But tlie cross-complaint was not filed in a proper case. Section 442, Code Civil Proc., provides : "Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the * * * transaction upon which the action is brought, or affecting the property to which the action relates,...
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A Dictionary of Law: Containing Definitions of the Terms and Phrases of ...

Henry Campbell Black - Law - 1891 - 1253 pages
...bill or note, it is called a "cross" or "counter" bill or note. CRIMINAL PROCESS 304 CROWN TAPER lief against any party, relating to or depending upon the...time, or by permission of the court subsequently, a cross-com plaint. The cross-complaint must be served upon the parties affected thereby, and such parties...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 120

California. Supreme Court - Law reports, digests, etc - 1906
...objection that two causes of action were improperly united in the cross-complaint, the code provides that "whenever the defendant seeks affirmative relief against...the property to which the action relates," he may file a cross-complaint. (Code Civ. Proc., sec. 442.) The action was to recover possession of two separate...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 144

California. Supreme Court - Law reports, digests, etc - 1906
...the Code of Civil Procedure gives to a "defendant" the right to file a cross-complaint whenever he seeks affirmative relief against any party "relating...affecting the property to which the action relates." In East Riverside Irr. Dist. v. Holcomb, 126 Cal. 315, it was held that section 442 "is primarily applicable...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 68

California. Supreme Court - Law reports, digests, etc - 1906
...cross-complaint was not filed in the proper case. Section 442, Code of Civil Procedure, provides: " Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the .... transaction upon which the action is brought, or affecting the property to which the action relates,...
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