 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 sider
...by this exacting provision. A counter-claim must be one of the two 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 plaintiffs claim or connected with the subject of the action. 2. In an action... | |
 | 1885 - 664 sider
...counterclaim is in conformity with § 501, Code. It tends to defeat plaintiff's recovery, and is a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, or connected with the subject of the action. The counterclaim... | |
 | Charles Theodore Boone - 1885 - 598 sider
...recoupment at common law, and must be a cause of action in favor of the defendant against the plaintiff, arising out of the contract or transaction set forth in the complaint or petition, as the foundation of the plaintiff's claim, or connected with the subject of the action.6... | |
 | 1886 - 880 sider
...separate judgment might be had in the action, and arising out 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." Now, this is... | |
 | 1911 - 1172 sider
...test. That provision authorizes the pleading as a counterclaim, other conditions being satisfied, of "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 action." Рошегоу on... | |
 | 1887 - 972 sider
...take a nonsuit, where the defendant has pleaded as a counter-claim, under Code NC § 244, prov. 1, a cause of action arising out of the contract or transaction set forth in the complaint as the ground of plaintiff's cause of action. Appeal from superior court, Wake county. Spier Whitaker,... | |
 | 1887 - 814 sider
...more defendants, between whom and the plaintiff a separate judgment may be hud 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... | |
 | 1922 - 1202 sider
...the same. It appears that In that state they had a statute which permitted a defendant te plead "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," and it was held... | |
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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. 
