 | Nathan Howard (Jr.) - 1852 - 576 sider
...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 sider
...judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action : 2d. In an action arising upon contract, any other cause... | |
 | New York (State) - 1854 - 338 sider
...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... | |
 | 1859 - 780 sider
...Code ? The 150th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. (.Sub. 1.) The transaction out of which the plaintiffs'... | |
 | 1859 - 788 sider
...Code ? , The 1 50th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs'... | |
 | Benjamin Vaughan Abbott - 1859 - 580 sider
...the Code ? Section 150 warrants a counter-claim in favor of a defendant against a plaintiff, for a cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiffs' claim, or connected with the subject of the action. (§ 150, eubdiv. 1.) The Xenia Branch... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 sider
...Clark v. Henry, 2 Cowen, 332.) If this answer does not set up a cause of action as a counter claim arising out of the transaction set forth in the complaint " as the foundation of the plaintiff's claim or Burns r. Nevins. connected with the subject of the action," I cannot imagine a case where an answer... | |
 | 1859 - 782 sider
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs'... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - 804 sider
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs'... | |
 | California - 1860 - 388 sider
...judgment might be had in the action, and 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 foundation of the plaintiff's claim, or defendant's defense, or connected with the... | |
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A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. 
