 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 American Law Register - Side 7761904Uten tilgangsbegrensning - Om denne boken
 | South Carolina - 1894 - 670 sider
...might be had in 76., SITS. 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...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... | |
 | Philemon Bliss - 1894 - 858 sider
...the first Subdivision. The cause of action which may be thus counter-claimed must be one which arises "out of the contract, or transaction, set forth in...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action." Three classes of counter-claims are here provided for:... | |
 | Colorado. Court of Appeals - 1894 - 672 sider
...first paragraph : — " The cause of action that may be thus counterclaimed must be one -which arises 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." Whether this is the character of the claim at> tempted... | |
 | Austin Abbott - 1895 - 760 sider
...demurred to the alleged counterclaim contained in the answer on the ground that " it does not constitute a cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, nor is it connected with the subject of the action." The Supreme Court at Special Term (O'BRIEN, J.)... | |
 | New York (State) - 1895 - 1154 sider
...more defendants, between 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,...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... | |
 | 1896 - 1242 sider
...more defendants, between whom and tt-e plaintiff a separate judgment may be had in the action: 1. A cause of action arising out of the contract or transaction,...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... | |
 | New York (State). Supreme Court. Appellate Division - 1899 - 770 sider
...defendant undoubtedly has as to App. Div.] SECOND DEPARTMENT, MAKCII TERM, 1899. the eighteen dollars " arising out of the contract or transaction set forth...complaint as the foundation of the plaintiff's claim." (Code Civ. Proc. § 501.) But it is not necessary to consider this minor question ; a fair construction... | |
 | New Mexico - 1897 - 1186 sider
...judgment might be had in the action, and arising out of one of the following causes of action : First. A or connected with the subject of the action. Second. In an action arising on contract, any other cause... | |
 | 1891 - 1120 sider
...supplemental answer the counterclaim above referred to. If this counterclaim may be regarded as : '' A cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim or connected with the subject of the action " as provided in the first subdivision of § 501 of the... | |
 | 1897 - 1060 sider
...code provided that the counterclaim must "arise out of one of the following causes of action: (i) A cause of action arising out of the contract or transaction...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... | |
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