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Bøker Bok 5160 av 186A 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 Code of Procedure of the State of New York: As Amended to 1871, with ...

William Wait - 1871 - 975 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...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volum 108

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1918
...two classes of counterclaims. Subdivision 1 provides that a counterclaim may be set up if it arises "out of the contract or transaction set forth in the complaint as the foun2 dation of the plaintiff's claim, or (is) connected with the subject of the action." Subdivision...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 41

Nathan Howard - 1871
...(Lafarge agt. Kclsey, 1 Bosw., 171), provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. (Code, $ 150, subd. 1.) Formerly the rule was that...
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The Code of Civil Procedure of the State of California, Volum 1

California - 1872
...counter claim against the plaintiff. The cause of action set forth in the counter claim must arise either out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1872 - 750 sider
...one of the following causes of action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of tho action. 2. In an action arising upon contract ; any other cause of action arising also upon contract...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1063 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. la ad 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, as Amended to 1873: With ...

New York (State), John Townshend - 1873 - 899 sider
...had in the action, and arising ont 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 Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - 1873 - 771 sider
...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." 2 § 26. In an action by the mortgagee, against a receiver appointed in supplementary proceedings,...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volum 2

William Wait - 1873
...which such defendant is the owner, provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. Chamboret v. Cagney, 2 Sweeny, 378 ; SC, 10 Abb. NS...
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A Law Dictionary, Adapted to the Constitution: And Laws of the ..., Volum 2

1874
...may be for any "cause of action 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." Mo. Rev. Stat. 1855, 1233. This probably contemplates a recoupement in actions ex delicio as well as...
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