 | Austin Abbott - 1872 - 620 páginas
...150, now regulates this matter. The section has two subdivisions. It permits to be counter-claimed — 1. A cause of action arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 2. In an action on contract any other cause of action... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1876 - 608 páginas
...a tort. Lehmair v. Gruicold, 100. 2. A counter-claim in such an action, to be available, must arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or it must be connected with "the subject of the action." lfi. 3. The words " the... | |
 | Wyoming - 1876 - 882 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. SKC. 93. If the defendant omit to set up the counter-claim or 1 1 defendant set>ofi', he cannot recover... | |
 | John Norton Pomeroy - 1876 - 908 páginas
...found in all the codes except those of Indiana and Iowa, and which is now to be interpreted, is : "A cause of action arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's claim, or connected with the subject of the action."... | |
 | Iowa. Supreme Court - 1876 - 784 páginas
...it is not barred by the statute. It is not asserted that it is a counter-claim, which can only be a cause of action " 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."... | |
 | 1876 - 860 páginas
...transaction or transactions in connection with the same subject of action," and a counterclaim may be "a cause of action 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."... | |
 | New York (State), William Wait - 1877 - 662 páginas
...or of one or more defendants, between whom and the plaintiff a separate judgment may be had in the action : 1. A cause of action arising out of the contract...connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action. Code... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 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: (1) A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913 - 676 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: (1) A cause of action arising out of the transaction set forth in the complaint as the foundation of plaintiffs claim or connected with... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 páginas
...one 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: 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
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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 ; 2. 
