 When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither...  Reports of Cases in the Supreme Court of Nebraska - Page 608by Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1894Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands be deemed compensated, so far as they equal each other. SEC. 49. The defendant may set forth by answer... | |
 | California, Henry Jacob Labatt - 1858 - 586 pages
...one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands shall be deemed compensated, so far as they equal each other. 49. The defendant may set forth by answer... | |
 | Nebraska - 1859 - 464 pages
...set-off. demands are to under such circumstances, that if one had brought an action peneated? °° m " against the other, a counter-claim or set-off could...of the benefit thereof, by the assignment or death or the other, but the two demands must be deemed compensated, so far as they equal each other. Guardian... | |
 | California - 1860 - 388 pages
...one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands shall be deemed compensated, so far as they equal each other. 49. The defendant may set forth by answer... | |
 | Ohio - 1860 - 986 pages
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 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1862 - 754 pages
...circumstances that one could be pleaded as a counter claim, or set-oft', to an action brought upon the other, neither can be deprived of the benefit thereof, by the assignment or death of the other, and the two demands must be deemed compensated, so far as they equal each other." 2 RS, § 61, p. 41.... | |
 | Thomas Berry Cusack Smith - 1863 - 140 pages
...Section 648 provides that " When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other a counterclaim could have been set up, neither can be deprived of the benefit thereof by the assignment or death of... | |
 | Idaho (Ter.) - 1864 - 762 pages
...of the action. SEC. 48. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death... | |
 | Idaho - 1864 - 734 pages
...the defendant. SEC. 48. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death... | |
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