 | John Norton Pomeroy - 1883 - 870 sider
...might be had in the arliiiii, mill arising out of ono of the following causes of action: 1 . A CIUIHO of action arising out of the contract or transaction set forth in tlio complaint [petition] as the foundation of the plaintilT'n claim, or connected with the subject... | |
 | 1888 - 1022 sider
...prurient in his occupancy of the premises, and which constituted a condition of the letting, it is "a cause of action arising out of the contract or transaction set forth in the complaint (or attempted to be set forth therein) as the foundation of the respondent's claim," within l lie meaning... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1884 - 658 sider
...demurrer. It is a distinct ground of demurrer under the Code, that the counter-claim does not disclose 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 (Sec. 495, subd.... | |
 | North Carolina. Supreme Court - 1884 - 738 sider
...85 NC, 363; Meneely v. Craven, 86 NC, 364. A counter-claim as defined in THE CODE, § 244, is : 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
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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. 
