| Nathan Howard (Jr.) - 1860 - 616 páginas
...the tenant from such a trespass. The counter-claims which the Code authorizes are defined, " 1st. A cause of action arising out of the contract or transaction set forth in the plaintiff's complaint as the foundation of the plaintiff's claim, or connected with the subject of... | |
| California - 1860 - 388 páginas
...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 in the complaint or answer, as the... | |
| Nathan Howard (Jr.) - 1861 - 618 páginas
...existing in favor of a defendant and against a plaintiff, 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 contract or transaction, set forth in the complaint as... | |
| North Dakota - 1862 - 640 páginas
...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. SECT. 92. If the defendant omit to set up the counter ^"^"e1™' claim or set-off, he cannot recover... | |
| California - 1863 - 756 páginas
...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 in the complaint or answer, as the... | |
| Henry Whittaker - 1863 - 1154 páginas
...of an independent nature, and not arising out of the contract or transaction which forms the basis of the plaintiff's claim, or connected with the subject of the action, both it, and the claim in answer to which it is interposed, must be causes of action arising in contract.... | |
| New York (State) - 1863 - 1026 páginas
...defendant, and against a fortl» «• plaintiff, between whom a several judgment might be had in "'"* the action, and arising out of one of the following causes of dl action : 1. A cause of action arising out of the contract or transaction set forth in the complaint,... | |
| Thomas Berry Cusack Smith - 1863 - 140 páginas
...in favour of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action.'1 1st. — " A cause of action arising out of the conduct or transaction set forth in the complaint... | |
| Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 páginas
...of the plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, arising out of the contract or transaction set forth...claim, or connected with the subject of the action. NT Superior Ct., 1856, Allen ». Haskins, 5 Duer, 332. 320. To a complaint on a note, the answer of... | |
| Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 páginas
...APPOINTMENT. COHBTITDTIONAL LAW, 248, 249. COUNSELLOR ATTORNEY AND CLIENT. COUNTER-CLAIM. out of — 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of plaintiffs claim, or connected with the subject of the action. 2. In an action arising... | |
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