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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; 2. "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Side 123
av New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 sider
...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 or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action: 2. In an action...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 sider
...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 or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 sider
...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 connected with the subject of the action ; 2. In an action...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 8

Nathan Howard (Jr.) - 1853 - 594 sider
...counter-claim? According to the first and second subdivisions of section 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...
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The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - 1854 - 442 sider
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " 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 suhject of the action." Code Proc.,...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 sider
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft,...
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Reports of Cases Argued and Determined in the Superior Court of the ..., Volum 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 sider
...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, or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 sider
...a defendant and against a plaintiff between whom a several judgment might be had in the action, and 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. SEC. 14. If any...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 14

Nathan Howard (Jr.) - 1857 - 614 sider
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " 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." (Code, § 150,...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Volum 3

1857 - 610 sider
...It was a claim of the defendant Bloomer only. 3. It was not a cause of action on contract, nor one arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 4. That a several judgment could not be had between the...
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