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Bøker Bok 5160 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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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
...when the action commenced. * * * If the motion was for leave to interpose an equitable counter-claim arising out of the contract or transaction set forth in the complaint since the commencement of the action, then perhaps a different question would be presented. It might...
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Howard's Practice Reports: Containing Cases Under the Code of Civil ..., Volum 1

Nathan Howard (Jr.), Rowland M Stover - 1885
...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...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 21

1885
...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...
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Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - 1885 - 581 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...
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The American Decisions: Containing All the Cases of General Value ..., Volum 80

1886
...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...
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Atlantic Reporter, Volum 80

1911
...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...
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The Southeastern Reporter, Volum 1

1887
...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,...
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The American and English Encyclopedia of Law, Volum 22

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893
...judgment might be had in the action and arising out of one of the following causes of action: First, 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 ; second, in an...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 645 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...
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The Southwestern Reporter, Volum 238

1922
...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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