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Bøker Bok 110 av 137A cause of action arising out of the contract or transaction set forth in the petition...
" A cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. "
Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Side 368
av William John Tossell - 1921
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volum 1

Robert D. Handy, John H. Handy - 1855 - 598 sider
...94th Sec. of the Code defines a counterPlatt Evens, Jr. ra. CF Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it...
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The Statutes of the Territory of Kansas

Kansas - 1858
...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 petition as the foundation of the plaintiff's claim, or connected with the subject of the action. When costs in SEC. 95. That if...
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Reports of Cases in Law and Equity Determined in the Supreme Court of the ...

Oliver Lorenzo Barbour - 1858
...relief, and leave was given to him to amend. The court, however thought that the cause of action did not arise out of the contract or transaction set forth in the complaint. Here the defense wholly arises out of the contract under which the defendant went into possession...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 15

Nathan Howard, Rowland M Stover - 1858
...constitute a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the...
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Laws, joint resolutions, and memorials passed at the regular session of the ...

Nebraska - 1859
...several judgment might be action which they are intended to answer. 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 connected with the subject of the action. NO costs recov. § 94. If the defendant...
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General Laws of the Territory of Kansas

Kansas - 1859
...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 petition as the foundation of the plaintiff's claim, or connected with the subject of the action. SEC. 104. If the defendant omit...
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Session Laws

1862
...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 petition as the foundation of the plaintiff's claim, or connected with the subject of the action. SECT. 92. If the defendant omit...
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The Law of Remedies for Torts, Or Private Wrongs

Francis Hilliard - 1867 - 595 sider
...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 petition as the foundation of the plaintiff's claim, or connected with the subject of the action."7 1 Stn-gent v. Smith, 12 Gray,...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1868
...because it does not arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, nor is it connected with the subject of the action. (Code, § 150. Diddell v. Diddell, 3 Abb. 167.) Nor is it a defense, because not connected with the...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 731 sider
...for affirmative relief. Held, that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, and was not connected with the subject of the...
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