 | 1892 - 1284 sider
...judgment might be had in tbe 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 tbe complaint as the foundation of plaintiff's claim connected with the subject of tin- action. (2)... | |
 | New York (State), Morris Cooper - 1893 - 944 sider
...plaintiff a separate judgment may be had in the | action : . 23 Abb. NC 60. 128 Id. 58. 133 SY 472. 1 . A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's d-tipi, or connected wi^h the subject of the action. 33 Hun.143.... | |
 | Jabez Gridley Sutherland - 1893 - 860 sider
...statement of any new matter constituting a defense or counter-claim. The latter is defined to be, first, 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; second, in... | |
 | Harry Augustus Bigelow - 1919 - 768 sider
...class of demands which are embraced in section 149, as counter-claims. A counter-claim must be 1st, 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 ; or 2d, in... | |
 | William Mark McKinney, Burdett Alberto Rich - 1919 - 1600 sider
...a judgment to which the plaintiff is otherwise entitled.6 It is generally defined by the codes as 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 ; 7 or, in... | |
 | New York (State) - 1919 - 688 sider
...more defendants, between whom and the plaintiff a separate judgment may be had 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... | |
 | New York (State). Legislature - 1919 - 1508 sider
...more defendants, between whom and the plaintiff a separate judgment may be had 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... | |
 | Kentucky - 1919 - 1168 sider
...Ky. 558, 3 R. 367. The only restriction the Code makes as to a counter-claim is, that it shall be a cause of action arising out of the contract or transaction set forth in the petition as the foundation of plaintiffs demand; or that it be connected with the subject of the action.... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1919 - 828 sider
...any new matter constituting a defense or counterclaim, which counterclaim by Id., § 265, must be one arising out of the contract or transaction set forth in the complaint or connected with the subject of the action, or, in actions on contract, any other cause arising on contract,... | |
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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. 
