| Nebraska, Guy Ashton Brown - 1881 - 838 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 plaintiffs claim, or connected with the subject of the action. SEC. 102. [Same— Omission —... | |
| Nebraska, Guy Ashton Brown - 1881 - 842 sider
...against a plaintiff, between •whom a several judgment might be had in the action, and arising out oí 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. 102. [Same— Omission—... | |
| 1876 - 870 sider
...in connection with the same subject of action," and a counterclaim may be "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." It is seldom that more than one... | |
| Isaac Grant Thompson - 1883 - 958 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, OF connected with the subject of the action." •: Section 104 provides that... | |
| 1883 - 676 sider
...diaries E. Crowett, for respt. Held, No error ; that assuming that defendant has a right of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, is not connected with the subject of the action and... | |
| 1913 - 1236 sider
...appeal Is taken. The ground upon which the demurrer was sustained seems to be that the cross-demand did not arise out of the contract or transaction set forth...the petition as the foundation of plaintiff's claim, and wa.s not connected with the subject of the action. It is contended that the cause of action relied... | |
| 1905 - 1166 sider
...action alleged in the counterclaim did not arise out of the transaction set forth in the complaint as the foundation of plaintiff's claim, nor Is it connected with the subject of the action. The transaction set forth is the wrongful taking of the property. While rent due for the use of the... | |
| 1884 - 1002 sider
...The plaintiff alleges that the second count of theanswerdoesnot constitute a counter-claim, because it does not arise out of the contract or transaction set forth in the petition. Section 101 of the Code provides that the counterclaim must be one arising out of the contract or transaction... | |
| 1897 - 1148 sider
...objected to any evidence in support of the counterclaim, for the reason that such counterclaim did not arise out of the contract or transaction set forth in the petition, and did not exist at the time of the commencement of the suit. This objection was overruled, and upon... | |
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