 | Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...counterclaim mentioned in the last section must be one existing in favour of a defendant, and against a plaintiff, between whom a several judgment might be...and arising out of one of the following causes of action.'1 1st. — " A cause of action arising out of the conduct or transaction set forth in the complaint... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...following characteristics, ie : It must be a claim 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 two following causes of action : 1. A cause of action, arising out of the contract or transaction set... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1864 - 716 pages
...mentioned in that section, must, among other requisites which it is not material to consider, " arise out of one of the following causes of action : (1.)...plaintiff's 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,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...of the plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, arising out of the contract or transaction set forth...plaintiff's claim, or connected with the subject of the action. NT Superior Ct., 1856, Allen ». Haskins, 5 Duer, 332. 320. To a complaint on a note, the... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...counter-claim mentioned in the last section, shall be 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: First. A cause of action arising out of the transaction set forth in the complaint or answer, as the... | |
 | Idaho - Law - 1864 - 734 pages
...counter-claim mentioned in the last section, shall be 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: First. A cause of action arising out of the transaction set forth in the complaint .or answer, as the... | |
 | John Townshend - Civil procedure - 1864 - 320 pages
...repetition. § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. CODE OF PBOCEDt1RE. whom a several judgment might be had in the action,...arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or transaction/^ ., -set forth in the complaint... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 812 pages
...APPOINTMENT. COHBTITDTIONAL LAW, 248, 249. COUNSELLOR ATTORNEY AND CLIENT. COUNTER-CLAIM. out of — 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of plaintiffs claim, or connected with the subject of the action. 2. In an action arising... | |
 | Montana (Ter.) - Law - 1866 - 792 pages
...counter-claim mentioned in the last section, shall be 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 : First, a cause of action arising out of the transaction set forth in the complaint or answer, as... | |
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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 of the action. 
