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Bøker Bok 7180 av 187A 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 American State Reports: Containing the Cases of General Value ..., Volum 5

1889
...recoupment in New York and some other states before the codes is now a counterclaim under the statute: 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 ": BS, sec. 2656....
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Reports of Cases Decided in the Supreme Court of the State of ..., Volum 18

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, William Henry Holmes, Julius Augustus Stratton, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1890
...used in said subdivision last referred to, it would seem to be something akin to it. The clause,' "a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim," would imply that it arose out of some agreement or business...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volum 3

Theodore Sedgwick - 1891
...judgment might be had in the action and arising out of one of the following causes of action : i. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation 1 Nashville & KT Co. v. Harris, 8 Humph. 558 ; Allen p. McNew. 8 Humph. 46. (•) i...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 39

Montana. Supreme Court - 1891
...defines the "counterclaim" mentioned above, and in the first subdivision thereof provides that it is "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." Section 6547...
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Reports of Cases Argued and Determined in the Court of Common ..., Volum 15

Charles Patrick Daly - 1891
...Wallace B. Biake. reason of the plaintiff's act in affixing the sign to the premises, it does not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, nor is it connected with the subject of the action, nor is...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 132

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan - 1892
...that his claim must in some way tend to diminish or defeat the plaintiff's recovery, and must be 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. (Code Civ. Pro....
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to ...

North Carolina, Walter Clark - 1892 - 817 sider
...judgment might be had in the action, and arising out of one of the following causes of action : ii) 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 ; A counterclaim...
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The Law of Railroad Fences and Private Crossings: Including Injuries to ...

William Wheeler Thornton - 1892 - 590 sider
...set up where the cause of action of the defendant, which he desires to set up as counterclaim, arises out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim or is connected with the subject of the action. In a case to...
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The Codes and General Laws of Oregon, Volum 1

Oregon - 1892 - 2192 sider
...Ins. Co., 95 Id 254, 203. And although the defendant may have a right of action, if it docs not ariso out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or is not connected with the subject of the action, or is...
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North Carolina Reports: Cases Argued and Determined in the ..., Volum 109

North Carolina. Supreme Court - 1892
...statutory definition liberally construed. Subsection 1 embraces, first, causes of action arising either out of the contract or transaction set forth in the complaint as the foundation of the action, and in giving effect to this clause it has been held not only that the...
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