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" Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought or affecting the property to which the action relates, he may, in... "
The Codes of California as Amended and in Force at the Close of the Forty ... - Side 208
av California - 1915
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The American State Reports: Containing the Cases of General Value ..., Volum 22

Abraham Clark Freeman - 1892 - 1020 sider
...legal title. Section 442 of the Code of Civil Procedure provides that "whenever the defendant eeeks affirmative relief against any party, relating to...relates, he may, in addition to his answer, file at the *ame time, or by permission of the court subsequently, a crosscomplaint. The cross-complaint must be...
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Report of the Commissioners for the Revision and Reform of the Law, December ...

California. Commission for Revision and Reform of the Law - 1896 - 336 sider
...prosecutes his demurrer with due diligence. SECTION 442. To be amended to read as follows: Sec. 442. Whenever the defendant seeks affirmative relief against...permission of the court subsequently, a cross-complaint. New parties may be brought into the action by cross-complaint. The crosscomplaint must be served upon...
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The Pacific Reporter, Volum 52

1898 - 1164 sider
...objection that two causes of action were Improperly united in the cross complaint, the Code provides that "whenever the defendant seeks affirmative relief against...the property to which the action relates," he may file a cross complaint Code Civ. Proc. S 442. The action was to recover possession of two separate...
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The Pacific Reporter, Volum 52

1898 - 1230 sider
...proTirtes that "whenever the defendant seeks affirmative relief against any party relating to от depending upon the contract or transaction upon which...the property to which the action relates," he may Ole a cross complaint Code Civ. Pro«?. S 442. Th« action was to recover possession of two separate...
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The Pacific Reporter, Volum 60

1900 - 1164 sider
...cross complaint proper are defined by statute: "Whenever the defendant seeks affirmative relief agaiust any party, relating to or depending upon the contract...affecting the property to which the action relates, he may * * * file a cross complaint." Code Civ. Proc. § 442. Obviously, the relief sought by McKee does not...
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The Pacific Reporter, Volum 59

1900 - 1148 sider
...sum of $100. 1. Appellants argue that the court erred in allowing the crosa complaint to be filed. "Whenever the defendant seeks affirmative relief against...contract or transaction upon which the action is brought, * * * he may, in addition to his answer, file * * * a cross-complaint." Code Civ. Proe. § 442. It...
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The American State Reports: Containing the Cases of General Value ..., Volum 77

Abraham Clark Freeman - 1901 - 1082 sider
...hundred dollars. 1. Appellants argue that the court erred in allowing the cross-complaint to be filed. "Whenever the defendant seeks affirmative relief against...the contract or transaction upon which the action ia brought, .... he may, in addition to his answer, file .... a cross-complaint": Code Civ. Proc.,...
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Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ...

Joseph Henry Budd - 1902 - 800 sider
...secks affirmative relief against any party relating to or depending upon the contract or transacfion upon which the action is brought, or affecting the...action relates, he may, in addition to his answer, ttle at the same time, or by permission of the court, subsequentiy, a cross complaint. FORM NO. 149....
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The American State Reports: Containing the Cases of General Value ..., Volum 95

Abraham Clark Freeman - 1903 - 1072 sider
...cross-complaint upon the plaintiff. 313 Section 4188 of the Eevised Statutes of Idaho provides as follows : "Whenever the defendant seeks affirmative relief against...to which the action relates, he may, in addition to hia answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The...
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The Pacific Reporter, Volum 74

1904 - 1164 sider
...cross-couiplalnt can be maintained only when the defendant seeks affirmative relief "relating to or dependent upon the contract or transaction upon which the action...affecting the property to which the action relates." Code Civ. Proc. § 442. This action was not brought upon contract, and the complaint does not set forth...
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