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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. "
The Pacific Reporter - Página 322
1916
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 páginas
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the action, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 páginas
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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: First. A cause of action arising out of the transaction set...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 páginas
...other. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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: First. A cause of action arising out of the transaction set...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 páginas
...repetition. § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. CODE OF PBOCEDt1RE. whom a several judgment might be had in the action, and arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or transaction/^...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 páginas
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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 : First, a cause of action arising out of the transaction set...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 páginas
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the 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 : First, a cause of action arising out of the transaction set...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 páginas
...Severa 1 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 actijn : 1. A cause of action arising out of the contract or transaction...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 páginas
...defences. •. The counter-claim mentioned in the last section, must be one existing in favor of a ntary guardian of such infant, if he has one within...State ; if he has none, then to the infant himself oat of one of the following causes of action : — 1. A. cause of action arising out of the contract...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 páginas
...favor. But I think this point is not well taken. A counterclaim must be one " existing in favor of a defendant, and against a plaintiff between whom a several judgment might be had in the action." Upon McKay's own statement which he offered to verify, I do not see that anything was in litigation...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 páginas
...claim, sever- existing in favor of a defendant, and ngainst a plaintiff, between whom a ai defences. 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...
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