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Bøker Bok 2130 av 186A cause of action arising out of the contract or transaction set forth in the complaint...
" 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 Practice Cases, Determined in the Courts of the State of New York ... - Side 119
av Austin Abbott, Benjamin Vaughan Abbott - 1857
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868
...judgment might be had in 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. 2. In an action...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 27

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868
...plaintiff's claim or demand for damages," may not all bo expressed in section 0O, thus: "a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them." "When the sections are carefully compared, it...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 731 sider
...allowed by the code ; although the defendant may recoup his damages, or set up a counter-claim on 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 defense mterposed,...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

1870 - 861 sider
...judgment might be had in 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 ; 2. In an action...
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The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 281 sider
...jndgment might he had in 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 counected with the suhject of the action. 2. In an action...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 1

Abraham Lansing - 1870
...favor of the defendant and against the plaintiff, between whom a several judgment might be had in the action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, and connected with the subject of the action. Again, as the...
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Albany Law Journal, Volum 27

1883
...evict ¡ou averred in the answer. Assuming that defendant has a cause of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, nor is it connected with the subject of the action, nor is it a...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

William Wait - 1871 - 975 sider
...judgment might he had in 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 ; 2. In an action...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volum 108

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1918
...two classes of counterclaims. Subdivision 1 provides that a counterclaim may be set up if it arises "out of the contract or transaction set forth in the complaint as the foun2 dation of the plaintiff's claim, or (is) connected with the subject of the action." Subdivision...
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The Code of Civil Procedure of the State of California, Volum 1

California - 1872
...counter claim against the plaintiff. The cause of action set forth in the counter claim must arise either out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must...
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