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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 - Side 277
av New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1881
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volum 27

Arkansas. Supreme Court - 1873 - 782 sider
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;...
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The Code of Civil Procedure of the State of New York: Reported ..., Volum 2

New York (State). - 1850 - 920 sider
...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 of action arising also on obligation, and...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volum 1

Kentucky - 1851 - 548 sider
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 sider
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 sider
...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 action arising also on contract, and existing...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 7

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...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 sider
...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 forth in the complaint...claim, or connected with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 8

Nathan Howard (Jr.) - 1853 - 594 sider
...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 of action arising also on contract, and existing...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 sider
...following !,' , causes of action : 1. A cause of action arising out of the contract or tnasaction 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 on contract and existing...
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Supplement to the Second and Third Editions of Voorhies' Annotated Code ...

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 in...
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