 | New York (State). - 1850 - 920 pages
...646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom a several judgment...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 plaintiff's claim,... | |
 | Henry Whittaker - 1852 - 900 pages
...150. The 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...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 plaintiff's claim,... | |
 | New York (State) - 1852 - 836 pages
...causes wn*.-.. of action: 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's...the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and exibtiug at the commencement of... | |
 | New York (State) - 1852 - 606 pages
...existing in favor of a defendant and against a plaintiff, between whom a several 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... | |
 | Nathan Howard (Jr.) - 1852 - 576 pages
...under the Code. The counter claim allowed by the Code in an action not arising on contract, must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim or be connected with the subject of the action. Bogardus agt. Parker, 303. COUNTY CLERK'S office, see... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment...arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set forth in the complaint as the foundation... | |
 | Wisconsin - 1853 - 810 pages
...existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . 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 tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or... | |
 | Nathan Howard (Jr.) - 1853 - 594 pages
...150, a counter-claim is, 1st, 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. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
 | New York (State) - 1854 - 338 pages
...Commissioners on practice and pleading (1850) pp. 267-9. " The counter-claim allowed by the code must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action." In the case of a widow suing to recover her dower in... | |
 | New York (State) - 1855 - 802 pages
...defences. The 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...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 plaintiff's claim,... | |
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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. 
