 | 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...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action: 2. In an action arising on obligation, any other cause... | |
 | 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...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract, any other cause of... | |
 | 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...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 pages
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...complaint, as the foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case... | |
 | New York (State) - 1855 - 802 pages
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203.... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 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...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract, any other cause of... | |
 | District of Columbia - 1857 - 788 pages
...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...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. SEC. 14. If any defendant personally served with notice... | |
 | Nathan Howard (Jr.) - 1857 - 614 pages
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising out of the contract or transaction set forth...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action." (Code, § 150, sub. 1.) And this court may grant to him... | |
 | Austin Abbott - 1858 - 610 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...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The... | |
 | Nathan Howard (Jr.) - 1858 - 616 pages
...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 action ; nor do they arise on contract. Third. The facts... | |
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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. 
