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" 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 366
av William John Tossell - 1921
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

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 —...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

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—...
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The Southern Law Review, Volum 2

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...
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The American Reports: Containing All Decisions of General Interest ..., Volum 41

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...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 15

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...
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The Pacific Reporter, Volum 132

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...
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The Pacific Reporter, Volum 81

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...
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Reports of Cases in the Supreme Court of Nebraska, Volum 15

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1884 - 800 sider
...The plaintiff alleges that the second count of the answer does not constitute a counterclaim because it does not arise out of the contract or transaction set forth in the petition. Sec. 101 of the code provides that the counter-claim must be one arising out of the contract or transaction...
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The Northwestern Reporter, Volum 18

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...
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The Pacific Reporter, Volum 48

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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