 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1866 - 760 pages
...of the identical goods which are the subject of the action, is a cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or is at least connected with the subject of the action, and is strictly a counter-claim, within section... | |
 | John Townshend - Court rules - 1867 - 298 pages
...against a plaintiff, between whom a sereral judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of...claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
 | Civil procedure - 1868 - 584 pages
...150) that the answer may contain a statement of any new matter constituting » counter-claim, which is a cause of action, arising out of the contract or...set forth in the complaint, as the foundation of the plaintiffs' claim, or connected with the subject of the action. This language is sufficiently comprehensive... | |
 | Civil procedure - 1868 - 620 pages
...clan in the present case. The other clause of the section defining a counter-claim, describes it as " a cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiffs' claim, or connected with the subject of the action." ? Now, the contract set forth in the... | |
 | Civil procedure - 1870 - 378 pages
...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. A cause of...claim, or connected with the subject of the action. The defendant may set forth by answer as many defenses anc eounterdaimn as he may have, whether they... | |
 | Utah (Ter.) - Law - 1870 - 162 pages
...following causes of action: First—A cause of action arising out of the transaction Counter claim set forth in the complaint as the foundation of the...claim, or connected with the subject of the action. Second—In an action arising upon contract, any other cause of action arising also upon contract and... | |
 | Civil procedure - 1872 - 620 pages
...150, now regulates this matter. The section has two subdivisions. It permits to be counter-claimed— 1. A cause of action arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 2. In an action on contract any other cause of action... | |
 | Isaac Grant Thompson, Robley D. Cook - Law reports, digests, etc - 1874 - 784 pages
...counter-claim, it must be a claim existing in favor of a defendant, against a plaintiff, between whom a several judgment might be had in the action, and arising out of the contract or transaction set out in the complaint as the foundation of plaintiff's claim, or connected... | |
 | Law - 1876 - 860 pages
...transaction or transactions in connection with the same subject of action" and a counterclaim may be "a cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action."... | |
| |
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 forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject... 
