 | South Carolina - 1868 - 942 sider
...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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 sider
...plaintiff's claim or demand for damages," may not all bo expressed in section 0O, thus: "a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them." "When the sections are carefully compared, it... | |
 | New York (State) - 1869 - 1002 sider
...action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" 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 of action arising also on contract, and existing... | |
 | New York (State). - 1869 - 280 sider
...action : 1. A cause of action arismg 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 arising on contract, any other cacse of action arising also on contract, and existing... | |
 | Thomas Whitney Waterman - 1869 - 800 sider
...this right to actions of tort is that the first subdivision of section 150 allows a cause of action arising out of the contract or transaction set forth in the complaint to be the subject of a counter-claim. But the introduction of the word transaction is scarcely sufficient... | |
 | 1870 - 288 sider
...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...complaint, as the foundation of the plaintiff's claim, or counected with the suhject of the action. 2. In an action arising on contract, any other cause of action... | |
 | Abraham Lansing - 1870 - 590 sider
...the defendant and against the plaintiff, between whom a several judgment might be had in the action arising out of the contract or transaction set forth...complaint as the foundation of the plaintiff's claim, and connected with the subject of the action. Again, as the plaintiff's action arises on contract,... | |
 | Utah (Ter.) - 1870 - 162 sider
...causes of action: First — A cause of action arising out of the transaction Counter claim set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. Second — In an action arising upon contract, any other cause of action arising also upon contract... | |
 | New York (State), John Townshend - 1870 - 896 sider
...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 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,... | |
 | Wyoming - 1870 - 808 sider
...might bo 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. SEC. 104. If the defendant omit to set up the counter- omi».:onit.^ vhtim or set-off, he cannot recover... | |
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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; 2. 
