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Bøker Bok 110 av 165A cause of action arising out of the contract or transaction set forth in the complaint...
" 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 arising on contract, any other cause of action arising also... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Side 491
av New York (State). Supreme Court, Oliver Lorenzo Barbour - 1859
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 sider
...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 arising on obligation, any other cause...
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Practice and pleading under the codes, original and amended: with appendix ...

Henry Whittaker - 1852 - 869 sider
...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 arising on contract, any other cause of...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - 1852 - 590 sider
...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 arising on contract,...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 8

Nathan Howard, New York (State). Supreme Court - 1853
...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 arising on contract, any other cause...
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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 - 415 sider
...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., sees. 149, 150, &c. The defence in this case...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State), John Townshend - 1855 - 798 sider
...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, 10 Pr. U., 377; 1 Abbott, 203....
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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
...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 arising on contract, any other cause of...
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The Revised Code of the District of Columbia

District of Columbia, Robert Ould, William B. B. Cross - 1857 - 699 sider
...action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volum 17

Austin Abbott, Benjamin Vaughan Abbott - 1857
...statute have extended the right of the defendant by way of counter-claim, to any cause of action arising out of the contract or transaction set forth in the complaint as the cause of action ; or connected with the subject of the action ; as well as to any other causes...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 15

Nathan Howard, New York (State). Supreme Court - 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...complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor do they arise on contract. Third. The facts...
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