 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.  Reports of Cases Decided in the Supreme Court of the State of North Dakota - Page 506by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914Full view - About this book
 | New Jersey. Court of Chancery - 1903 - 930 pages
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject... | |
 | Arkansas. Supreme Court - 1873 - 782 pages
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action, arising out of the contract or transaction...subject of the action: 2. In an action arising on obligation, any other cause of action arising also on obligation, and existing at the commencement... | |
 | Kentucky - 1851 - 544 pages
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,... | |
 | Kentucky - 1851 - 548 pages
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the... | |
 | Henry Whittaker - 1852 - 900 pages
...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action, arising out of the contract or transaction...contract, and existing at the commencement of the action. The defendant may get forth, by answer, as many defences and counter-claims as he may have, whether... | |
 | New York (State) - 1852 - 836 pages
...)]imTius":0 m t'ie acti°D5 an(l arising out of one of the following causes wn*.-.. of action: 1. A cause of action arising out of the contract or transaction...other cause of action arising also on contract, and exibtiug at the commencement of the action; The defendant may set forth by answer, as many defences... | |
 | New York (State) - 1852 - 606 pages
...judgment might be liad in the action, and arising out of one 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 plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | Wisconsin - 1853 - 810 pages
...following !,' , causes of action : 1. A cause of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's...contract and existing at the commencement of the action. iiay set forth g^,. 5(5, The defendant may set forth by answer as ground!/ rf many defences and counter... | |
 | Nathan Howard (Jr.) - 1853 - 594 pages
...counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract or transaction...claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
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