 | 1876 - 642 sider
...tort, and for the purposes of the appeal the action was determined by the complaint. The counterclaims did not arise out of the contract or transaction set forth in the complaint,neither were they connected with the subject of the action, Held, The counterclaims were... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1876 - 608 sider
...the complaint, and is an action for a tort. A counter-claim in such an action to be available, must arise out of the contract or transaction set forth in the complaint, aa the foundation of the plaintiff's claim, or it must be connected with " the subject of the actidn."... | |
 | New York (State), William Wait - 1877 - 662 sider
...whom and the plaintiff a separate judgment may be had in the 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 on contract, any other cause of action... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 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. the payments upon the purchase money by counter-claim... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1878 - 678 sider
...the others in January or October, 1873. Held, That the causes of action set forth as counter-claims did not arise out of the contract or transaction set forth in the complaint, nor were they connected with the subject-matter thereof. (Bradhurst agt. Townsend, 11 Hun, 104.) 2.... | |
 | New York (State) - 1879 - 436 sider
...whom and the plaintiff a separate judgment may be had in the 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 on contract, any other cause of action... | |
 | 1908 - 1282 sider
...action, und arising out of one of the following causes of action: (1) A cause of action arising out oí 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... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - 556 sider
...Allen v. Maddox, 40 Iowa, 124. 64. Counter-claim. A pleading based upon a counter-claim which does not arise out of the contract or transaction set forth in the petition, and is not connected with the subject of the action, and does not contain new matter constituting... | |
 | 1912 - 1262 sider
...defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, or connected with the subject of the action. Held that, '.vhere... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 sider
...10-465, 185, arising out of one of the following causes of action: n-337 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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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... 
