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" When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... "
Acts of the State of Ohio - Página 283
de Ohio - 1900
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 páginas
...he cannot afterwards maintain an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances,...brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volume 1

Robert D. Handy, John H. Handy - 1855 - 598 páginas
...assignment of his demand. This matter is accordingly regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under...neither can be deprived of the benefit thereof by the assignment or death of the other, but the two demands must be deemed compensated, so far as they...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 699 páginas
...set-off, he shall not recover costs against the plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under...neither can be deprived of the benefit thereof by the assignment or death of the other, but the two demands must be deemed compensated so far as they...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 871 páginas
...contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands nt, but if @ ! counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assiifnment...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 302 páginas
...claim, are to be taken as admitted. — Graham v. Dunniijan, 4 Abbott, 42G. 48. When cross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...
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The Statutes of the Territory of Kansas

Kansas - 1858
...permitted fendnnt tn lose ,..,«• his set off. to use it as a set-on. SEC. 99. That, when cross demands have existed between persons under such circumstances, that if one had brought an action Cross demands n- , or counter against the other, a counterclaim or set-off could have been set claims...
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General Laws of the Territory of Kansas

Kansas - 1859
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had brought...neither can be deprived of the benefit thereof by the assignment or death of the other ; but the two demands must be deemed compensated so far as they...
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Laws, joint resolutions, and memorials passed at the regular session of the ...

Nebraska - 1859
...set-off. demands are to under such circumstances, that if one had brought an action peneated? °° m " against the other, a counter-claim or set-off could...neither. can be deprived of the benefit thereof, by the assignment or death or the other, but the two demands must be deemed compensated, so far as they...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1860 - 368 páginas
...the counter claim, are to be taken as admitted. Graham v. Dunnigan, ib. 426. 48. When eross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...
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Session Laws

North Dakota - 1862
...between per6' CIVIL PROCEDURE. when eross demands have existed. Guardians or attorneys shall answer. sons under such circumstances, that if one had brought an action against the other, a counter claim or set-off could have been set up, neither can be deprived of the benefit thereof, by...
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