 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 Pacific Reporter - Página 3221916Visualização integral - Acerca deste livro
 | New York (State). - 1850 - 920 páginas
...C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom a...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... | |
 | Henry Whittaker - 1852 - 900 páginas
...requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | New York (State) - 1852 - 606 páginas
...Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | Nathan Howard (Jr.) - 1853 - 594 páginas
...the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and against a plaintiff between whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising... | |
 | Wisconsin - 1853 - 810 páginas
...The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
 | New York (State) - 1855 - 802 páginas
...Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a...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... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several 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... | |
 | District of Columbia - 1857 - 788 páginas
...SEC. 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against a plaintiff between whom a several...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.... | |
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