| California - 1872 - 892 sider
...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... | |
| South Carolina - 1873 - 1164 sider
...judgment might 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 in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. la ad action... | |
| William Wait - 1873 - 950 sider
...judgment might 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 in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action ; (2) In an action... | |
| Marcus Tullius Hun - 1875 - 902 sider
...one existing in favor of a defendant against a plaintiff, between whom a several judgment may be had, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff" 's demand, or connected with the subject of the action, or a cause... | |
| John Norton Pomeroy - 1876 - 908 sider
...a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's claim, or connected with the subject of the action."... | |
| John Norton Pomeroy - 1876 - 924 sider
...which is limited and defined therein. When the action is upon contract, unless the counterclaim arises out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action, it must be... | |
| New York (State), William Wait - 1877 - 662 sider
...more defendants, between whom and the plaintiff a separate judgment may be had in the 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... | |
| North Carolina, Albion W. Tourgée - 1878 - 484 sider
...judgment might 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 in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. the payments... | |
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