...may contain "a statement of any new matter constituting a counter-claim/' which claim (section 72) "must be one existing in favor of a defendant, and...whom a several judgment might be had in the action." The first cause of demurrer is immaterial. This matter is not pleaded as a defense to the action, but...

...defendant, orof one or more defendants, between whom and the plaintiff a separate judgment may be had in the action. 1. A cause of action arising out of the contract...set forth in the complaint as the foundation of the plaintiff'* claim, or connected with the subject of the action. 2. In an action on contract, any other...

...Cal. 598. Undue influence— see MOHTOAGE. § 438. The counter-claim mentioned in the last section must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1. A cause of action arising...

...complaint controverted by the defendant. SEC. 238. The counter claim mentioned in the last section must be one existing in favor of a defendant and against...causes of action: 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected...

...intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...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 plaintiffs claim, or...

...intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...judgment might be had in the action, and arising out oí the contract or transaction set forth in the petition as the foundation of the plaintiff's claim,...

...objection to its being set up as a defense by the appellant Beaudin. The statute says " the counterclaim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." Sections 2656 and 2657, RS 1878, provide that counterclaims may be such as were formerly legal or equitable,...

...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the...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 or answer as the...

...Procedure (Révisai 1905, J 4SI) contemplates and provides for two classes of counterclaim: "Subsec. 1. A cause of action arising out of the contract or transaction set forth in the complaint aa the foundation of plaintiff's claim, or connected with the subject of the action. "Subsec. 2. In...

...before verdict, unless defendant has asserted a counterclaim, in which case, if the counterclaim is a cause of action arising out of the contract or transaction set forth in the complaint, the action cannot be dismissed, but if the counterclaim is a cause of action arising independently...