...sections here will allow them to do that. Section 5072: "The counterclaim mentioned in the preceding section must be one existing in favor of a defendant...whom a several judgment might be had in the action." They must have a counterclaim that they could enforce against the mortgagee, Bartlett, between whom...

...8142. SEC. 47. The counterclaim mentioned in the last section shall be one existing in favor of the defendant and against a plaintiff, between whom a...arising out of one of the following causes of action: First — A cause of action arising out of the transaction set forth in the complaint as the foundation...

...made the subject of a separate action. [51 v. 57, § 96.] Sec. 5071. A set-off is a cause of action existing in favor of a defendant, and against a plaintiff,...several judgment might be had in the action, and arising on contract or ascertained by the decision of a court, and can only be pleaded in an action founded...

...made the subject of a separate action. [51 v. 57, § 96.] Sec. 5071. A set-off is a cause of action existing in favor of a defendant, and against a plaintiff,...several judgment might be had in the action, and arising on contract or ascertained by the decision of a court, and can only be pleaded in an action founded...

...the plaintiff was or became a party to any such contract by assignment or otherwise. A counterclaim "must be one existing In favor of a defendant and...had in the action, and arising out of one of the" causes of action mentioned In the statute. Section 2CÍ5G, Rev. St. 1808; Lawrence v. Vilas, 20 WIs....

...mortgage and notes, given for the purchase-money, was clear. Douglass v. Plotkin. "The counter-claim * * * must be one existing in favor of a defendant, and...judgment might be had in the action, and arising out of the contract and transaction aa set forth in the petition as the foundation of the plaintiff's claim,...

...plaintiff: Burrage v. Bonanza, etc. Min. Co. 12 Or. 169, 6 Рас. 766. The counterclaim to be sustained must be one existing in favor of a defendant and against...whom a several judgment might be had in the action: Coleman v. Elmore. 31 Fed. 392. A cause of action arising on a liability promise or undertaking of...

...denial is sufficient, but only puts in issue the material allegations of the complaint. SECTION 111. — The counter-claim mentioned in the last section must...arising out of one of the following causes of action: 2. In an action arising upon contract, any other cause of action arising also upon contract and existing...

...counterclaim. That depends upon the meaning of the statute, which declares : "The counterclaim . . . must be one existing in favor of a defendant and against...judgment might be had in the action and arising out of ... (1) a cause of action arising out of the contract or transaction set forth in the complaint as...

...counterclaim. That depends upon the meaning of the statute, which declares : "The counterclaim . . . must be one existing in favor of a defendant and against...judgment might be had in the action and arising out of ... (1) a cause of action arising out of the contract or transaction set forth in the complaint as...