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Books Books 81 - 90 of 184 on A cause of action, arising out of the contract or transaction set forth in the complaint....
" 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. "
A Law Dictionary: Containing Definitions of the Terms and Phrases of ... - Page 281
by Henry Campbell Black - 1910 - 1314 pages
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The Code of Civil Procedure of the State of California, Volume 1

California, Creed Haymond, John Chilton Burch - Civil procedure - 1872
...judged as a whole. The counter claim must show a cause of action in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action. If, for example, the claim and defense be, as they generally are, puch that the plaintiff might recover...
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The Revised Statutes of the State of South Carolina: Prepared by ...

Law - 1873 - 1063 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 be...plaintiff's claim, or connected with the subject of the action ; 2. la ad action arising on contract, any other cause of action arising also on contract,...
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The Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - Remedies (Law) - 1873 - 771 pages
...in the sale. " The counter-claim . . . must be one 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 the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 65

Oliver Lorenzo Barbour - Law reports, digests, etc - 1873
...that sum. To constitute a 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 the plaintiff s claim, or...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 2

William Wait - Civil procedure - 1873
...the action, and of which such defendant is the owner, provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. Chamboret v. Cagney, 2 Sweeny, 378 ; SC, 10 Abb. NS...
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The Code of Procedure of the State of New York, as Amended to 1873: With ...

New York (State), John Townshend - Civil procedure - 1873 - 899 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 be had in the action, and arising ont of one of the following causes of action : 1. A cause of action arising out of the contract or...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 1

Austin Abbott - Law reports, digests, etc - 1873
...Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this'definition. The referee was, therefore,...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 3

Austin Abbott - Law reports, digests, etc - 1873
...Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this definition. The referee was, therefore,...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 73

Ohio. Supreme Court - Law reports, digests, etc - 1906
...Statutes, where set-off is defined as a cause of action existing in favor of a defendant and against the plaintiff, between whom a several judgment might be had in the action, etc. ; providing further for the making of a new party where necessary to a full decision on the set-off...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

George E. Seney - Civil procedure - 1874 - 872 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 be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or...
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