| 1883 - 524 pages
...some way to diminish or defeat the plaintiff's recovery (Code Civ. Pro. § 501). Under that section, a cause of action, arising out of the contract or transaction...claim, or connected with the subject of the action, may be interposed by a defendant. The transaction of which complaint is made in the plaintiff's pleadings... | |
| 1897 - 1148 pages
...whom a several judgment might Inhad in the action, and arising out of one of the following causes of action: (1) A cause of action arising out of the contract...connected with the subject of the action; (2) in an action arising on contract, any other cause of action, arising also on contract, and existing at the commencement... | |
| North Carolina. Supreme Court - 1884 - 738 pages
...Vaughan, 85 NC, 363; Meneely v. Craven, 86 NC, 364. A counter-claim as defined in THE CODE, § 244, is : 1. A cause of action arising out of the contract or...connected with the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement... | |
| 1895 - 1140 pages
...whom a several 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...plaintiff's claim, or connected with the subject of tbe action. (2) In an action arising on contract, any other cause of action arising also on contract,... | |
| 1918 - 1214 pages
...a soveral judgment might be had in the .-iction, and arising out of one of the following causes oí action: — "1. A cause of action arising out of the...foundation of the plaintiff's claim, or connected witb the subject of the action ; "2. In an action arising on contract, any other cause of action arising... | |
| 1911 - 1164 pages
...whom a several 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,...set forth in the complaint, as the foundation of the i plaintiff's claim; (2) in an action arising on contract, any other cause of action arising also on... | |
| 1884 - 880 pages
...one of the following 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...connected with the subject of the action. 2. In an action arising upon contract; any other cause of action arising also upon contract and existing at the commencement... | |
| Utah - 1884 - 666 pages
...one of the following 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...connected with the subject of the action; 2. In an action arising upon contract, any other cause of action arising also upon contract, and existing at the commencement... | |
| 1884 - 1268 pages
...one of the following causes of action: (l) A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's...connected with the subject of the action. (2) In an action arising upon contract ; any other cause of action arising also upon contract and existing at the commencement... | |
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