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Bøker Bok 101110 av 128A 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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The Southeastern Reporter, Volum 107

1921
...counterclaim which may be set up, and CS 521(1), prescribes merely that the counterclaim must arise "out of the contract or transaction set forth in the...plaintiff's claim, or connected with the subject of action," or CS 521(2), "any other cause of action arising also он contract and existing at the commencement...
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The Southeastern Reporter, Volum 92

1917
...1905, J 4SI) contemplates and provides for two classes of counterclaim: "Subsec. 1. A cause of action arising out of the contract or transaction set forth in the complaint aa the foundation of plaintiff's claim, or connected with the subject of the action. "Subsec. 2. In...
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California Appellate Decisions, Volum 30

California. District Courts of Appeal - 1919
...whom a several judgment might be had iu the action, and arising out of ... the transaction set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. [2] It thus appears that in order to constitute a valid counterclaim, the cause of action therein stated...
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California Appellate Decisions, Volum 3

California. District Courts of Appeal - 1906
...counter-claim must be (1) A cause of action in favor of the defendant arising out of the transaction set forth as the foundation of the plaintiff's claim or connected with the subject of the action ; or (2) If the plaintiff's right arises upon contract the counter-claim must also be a cause of action...
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The Miscellaneous Reports: Cases Decided in the Inferior Courts of ..., Volum 10

New York (State). Courts - 1895
...from the eviction. The plaintiffs demurred to the counterclaim on the ground that it did not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs' claim, and was not connected with the subject of the action. Code Civ. Proc. § 501, subd....
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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 106

New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin - 1905
...foreclosure of the plaintiff's mortgage, and the defendant's cause of action may not arise out of tin; contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, it seems to be connected with the subject of the action. The requisite of connection of the defendant's...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 157

New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin - 1913
...satisfy their lien. Manifestly the causes of action for the indebtedness in no manner arise out of any contract or transaction set forth in the complaint as the foundation of the plaintiff 's claim ; nor are they either directly or indirectly connected with the subject of the plaintiff's...
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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 956 sider
...or persons alleged to be liable a separate judgment may be had in the action: 1. A cause of action arising out of the contract or transaction set forth...the complaint as the foundation of the plaintiff's (him or connected with the subject of the action; 2. In an action on contract, any other cause of action...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volum 44

1922
...whom a several judgment might be had in the action, and arising out of . . . the transaction set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. ' ' [1] It thus appears that in order to constitute a valid counterclaim, the cause of action therein...
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Reports of Cases Determined in the Courts of Appeal of the State of ..., Volum 4

1908
...counterclaim must be: (1) A cause of action in favor of the defendant arising out of the transaction set forth as the foundation of the plaintiff's claim or connected with the subject of the action; or (2) If the plaintiff's right arises upon contract the counterclaim must also be a cause of action...
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