 | Thomas Whitney Waterman - 1869 - 800 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... | |
 | North Carolina. Supreme Court - 1875 - 720 sider
...hereafter but one form of action," &c. CCP sec. 12. BITTISG t>. THAXTON. A counter claim must be " a cause of action arising out of the contract, or transaction set forth in tho complaint, as the foundation of the plaintiff's claim, or connected wjth the subject of tho action."... | |
 | New York (State), John Townshend - 1870 - 896 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... | |
 | 1870 - 288 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... | |
 | Abraham Lansing - 1870 - 590 sider
...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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 sider
...would seem to be_ clearly within the statute, and must be allowed ; but if the latter, then it is not a cause of action arising out of the contract or transaction set forth as the foundation of the plaintiff's claim, nor connected with the subject of the action, and must... | |
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 sider
...Lewis and Van Valen v. Lapham, supra), and of -which such defendant is the owner (Lafarge v. Kelsey. 1 Bosw., 171), provided, however, such claim is founded...contract or transaction set forth in the complaint, OB is connected with the subject of the action (Code, sec. 150, subd. 1). Formerly the rule was that... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1918 - 638 sider
...Civ. Proc. 1912, sec. 200, declares in subdivision 1 that a counterclaim may be set up if it arises out of the contract or transaction set forth in the...complaint, or is connected with the subject of the action, while subdivision 2 provides that in any action arising on a contract any other cause of action also... | |
 | New York (State), William Wait - 1871 - 1034 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... | |
 | Austin Abbott - 1872 - 576 sider
...Procedure, allowing defendant, in any action, to set up a counter-claim, proTided it be founded on a cause of action arising out of the contract or transaction set forth in the complaint, or be connected with tht subject of the action, — is not to be construed as authorizing a defendant,... | |
| |
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. 
