 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). Court of Appeals - 1873 - 684 páginas
...against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this'definition. The referee was, therefore,... | |
 | New York (State). Court of Appeals - 1873 - 684 páginas
...against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this definition. The referee was, therefore,... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1873 - 544 páginas
...parties, when before the courts, to have a complete determination of all claims of the defendant, " arising out of the contract or transaction set forth in the petition, as the foundation of the plaintiffs claim, or connected with the subject of the action." We are of opinion that there is no... | |
 | Ohio. Supreme Court - 1906 - 554 páginas
...Statutes, where set-off is defined as a cause of action existing in favor of a defendant and against the plaintiff, between whom a several judgment might be had in the action, etc. ; providing further for the making of a new party where necessary to a full decision on the set-off... | |
 | Wyoming - 1874 - 302 páginas
...The counter-claim mentioned in the last section Couater-eiui.n. must be. one existing in favor of a defendant, and against a plaintiff, between whom a...set forth in the petition as the foundation of the plaintiff.s claim, or connected wit'h the subject of the action. SEC. 93. If the defendant omit to... | |
 | Isaac Grant Thompson, Robley D. Cook - 1874 - 784 páginas
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant, against a plaintiff, between whom a several judgment...and arising out of the contract or transaction set out in the complaint as the foundation of plaintiff's claim, or connected with the subject of the action,... | |
 | New York (State). Court of Appeals - 1874 - 732 páginas
...Procedure. Taylor v. Root. By section 150, a counter-rliiim must be one, existing :.i favor of a dcfendan t and against a plaintiff, between whom a several judgment might be had in the action. As in the case of payment to one of the plaintiffs of his share in full or in part, the judgment might... | |
 | California, Theodore Henry Hittell - 1876 - 986 páginas
...set up. SEC. 438. The counter-claim mentioned in the last section must be one existing in favor of a be in writing, and either subscribed by or in the handwriting of the party to be charged one of the following causes of action : 1. A cause of action arising out of the transaction set forth... | |
 | California - 1876 - 888 páginas
...425. J 438. ($ 47.) The counter claim mentioned in the last section must bo 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 transaction set forth... | |
 | Austin Abbott - 1857 - 608 páginas
...leave to reply. Danenhover a. March. DAVIES, J. — A 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. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
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