 | Robert D. Handy, John H. Handy - 1855 - 638 pages
...94th Sec. of the Code defines a counterPlatt Evens, Jr. ra. CF Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it... | |
 | Kansas - 1858 - 482 pages
...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 connected with the subject of the action. When costs in SEC. 95. That if... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 pages
...relief, and leave was given to him to amend. The court, however thought that the cause of action did not arise out of the contract or transaction set forth in the complaint. Here the defense wholly arises out of the contract under which the defendant went into possession... | |
 | Nathan Howard (Jr.) - 1858 - 616 pages
...constitute a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the... | |
 | Nebraska - 1859 - 464 pages
...several judgment might be action which they are intended to answer. had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiffs claim, or connected with the subject of the action. NO costs recov. § 94. If the defendant... | |
 | Kansas - 1859 - 728 pages
...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 connected with the subject of the action. SEC. 104. If the defendant omit... | |
 | North Dakota - 1862 - 640 pages
...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 connected with the subject of the action. SECT. 92. If the defendant omit... | |
 | Francis Hilliard - 1867 - 664 pages
...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 connected with the subject of the action."7 1 Stn-gent v. Smith, 12 Gray,... | |
 | Anthony L. Robertson - 1868 - 780 pages
...because it does not arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, nor is it connected with the subject of the action. (Code, § 150. Diddell v. Diddell, 3 Abb. 167.) Nor is it a defense, because not connected with the... | |
 | Thomas Whitney Waterman - 1869 - 800 pages
...for affirmative relief. Held, that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, and was not connected with the subject of the... | |
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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. 
