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Bøker Bok 1120 av 180A 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 554
av Austin Abbott, Benjamin Vaughan Abbott - 1858
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Reports of cases argued and determined in the Superior Court of the ..., Volum 8

John Duer, New York (State). Superior Court (New York) - 1855
...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...claim, or connected with the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract, and existing...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State), John Townshend - 1855 - 798 sider
...destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction set forth...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203....
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volum 1

Robert D. Handy, John H. Handy - 1855 - 598 sider
...Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it must have some direct connection with the cause of action, set forth in...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856
...following causes of action : 1. A cause of action arising out of the contract or transaction pet forth in the complaint, as the foundation of the plaintiff's...claim or connected with the subject of the action. 2. In an action arising on contract, any other cause ot action arising also on contract and existing...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 14

Nathan Howard, Rowland M Stover - 1857
...denominated legal or equitable, or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising out of the contract...claim, or connected with the subject of the action." (Code, § 150, sub. 1.) And this court may grant to him " any affirmative relief to which he may be...
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Digest of the laws of California: containing all laws of a general character ...

William H. R. Wood - 1857 - 820 sider
...one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation of the plaintiff's...claim, or connected •with the subject of the action. 2. In an action arising upon contract, any other cause of action arising also upon contract, and existing...
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The Revised Code of the District of Columbia

District of Columbia, Robert Ould, William B. B. Cross - 1857 - 699 sider
...the action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 15

Nathan Howard, Rowland M Stover - 1858
...a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the...complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor do they arise on contract. Third. The facts...
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The California practice act: being an act entitled "An act to regulate ...

California, California. Supreme Court - 1858 - 302 sider
...upon contract; any other cause of action arising also upon contract and existing at the com--. • ч the complaint as the foundation of the plaintiff's...claim, or connected •with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and...
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The Statutes of the Territory of Kansas

Kansas - 1858
...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. When costs in SEC. 95. That if the defendant omit to set up the countersuch oase can- . ii • -IT...
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