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" A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect... "
The Albany Law Journal: A Monthly Record of the Law and the Lawyers - Página 107
1896
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Nova Scotia Judicature Act, 1884: With Rules and Forms

Nova Scotia - 1884 - 794 páginas
...right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counter-claim shall have the same effect as a cross...enable the Court to pronounce a final judgment in :he same. action,, both on the original and on the cross claim. But the Court ora Judge may, on application...
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Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Volume 2

Judah Philip Benjamin - 1884 - 646 páginas
...such set off or counter-claim shall have the same effect as a statement of claim in a cross-action, so as to enable the court to pronounce a final judgment in the same action, both on the original and on tlie cross-claim." In cases like Stephens v. Wilkinson, ante § 1167, Gillard v. Brittan, ante § 1168,...
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The Pocket Law-lexicon, Explaining Technical Words, Phrases, and Maxims of ...

Henry Gilbert Rawson - 1884 - 362 páginas
...a distinct offence. See Common dauntx. counter-claim has the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the same action. If, however, the Court considers that the counter-claim cannot be conveniently disposed of in that...
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A Treatise on the Law of Costs in an Action in the Queen's Bench Division ...

William Edward Gordon - 1884 - 408 páginas
...any right or claim, whether such set-off or counterclaim sound in damages or not, and such set-off or counterclaim shall have the same effect as a cross action, so as to enable the Court to pronounce final judgment in the same action, both on the original and on the cross claim.6 Moreover, where such...
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A Concise View of the Proceedings in an Action in the Chancery Division of ...

Richard Hallilay - 1884 - 358 páginas
...person or persons. And such counter-claim or set-off has the same effect as a cross action enabling the court to pronounce a final judgment in the same action, both on the original and cross claim. But the court or a judge may, on the application of the plaintiff before trial, refuse...
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A Selection of Precedents of Pleading Under the Judicature Acts in the Queen ...

John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 1884 - 848 páginas
...right or claim, whether such set-off or counter-claim sound in damages or not. and such set-off or counter-claim shall have the same effect as a cross action, so as to enable tin: <'<>iirt to pronounce a final judgment in the same action, both ou thü original and on the cross...
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The Statutes, Rules of Court, and General Orders Relating to the Practice ...

Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 804 páginas
...any right or claim, whether such set-off or counterclaim sound in damages or not, and such set-off or counterclaim shall have the same effect as a cross...action, both on the original and on the cross claim. But the Court or a judge may, on the application of the plaintiff before trial, if in the opinion of...
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The Student's Blackstone: Being the Commentaries on the Laws of England of ...

William Blackstone - 1885 - 626 páginas
...in damages or not ; and such set-off or counter-claim has the same effect as a statement of claim in a cross action, so as to enable the court to pronounce...action, both on the original and on the cross claim. If the defendant's answer on the merits be neither a set-off nor a counter-claim, he must state some...
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A Manual of the Practice of the Supreme Court of Judicature in the Queen's ...

John Indermaur - 1885 - 412 páginas
...damages; and such set-off or counter-claim has the same effect as a statement of claim in a cross-action, so as to enable the Court to pronounce a final judgment...in the same action both on the original and on the cross-claim, and (A) See ante, p. 46. (t) Cider xxi. i. 5. (A-) Eg, by 21 Jac. 1. c. 4, sect. 1, "not...
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Probate and Administration, Law and Practice in Common Form and Contentious ...

William John Dixon - 1885 - 680 páginas
...or not, and anv right or such sot-off or counter-claim shall have tho same effect as a cross """m. action, so as to enable the court to pronounce a final judgment in the same action, both on tho original and on the cross claim. But tho court or a judge may, on tho application of tho plaintiff...
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