...district in which the action is brought. " Section 83, subd. 3, provides that "défendant may set forth, by answer, as many defenses and counterclaims as he may have, whether they bo such as have been heretofore denominated legal or equitable, or both. " Hc!d, that the final judgment...

...arising also on contract, and existing at the commencement of the action. (3) The defendant may set forth by answer as many defenses and counterclaims as he...heretofore denominated legal or equitable, or both. They shall each be separately stated, and refer to the causes of action which they are Intended to answer,...

...interposed in an action at law. By the New York code it is provided as follows: "The defendant may set forth by answer as many defenses and counter-claims as he...heretofore denominated legal or equitable, or both." Now the New York code contains the exact language contained in the second clause of section 46 of our...

...ordinary and concise language. It is true that it further provides that the defendant may set forth by answer as many defenses and counterclaims as he...heretofore denominated legal, or equitable, or both. This is all the authority there Is for claiming that, under the Code, the defendant is allowed to plead...

...brought ; " by subdivision 3 of section 83, that " the defendant may set forth by answer as many defences and counterclaims as he may have, whether they be...heretofore denominated legal or equitable, or both ; " and by section 445, that " every final judgment, order, or decision of a District Court, or judge...

...defendant may set forth in his answer as many grounds of defense, counter-claim, set-off, and for relief, as he may have, whether they be such as have been...heretofore denominated legal or equitable, or both," (Civil Code, § 9-t, subd. 3;) but that he can state in his answer only that he has obeyed the first...

...by answer as many defenses and counterclaims as he may have. They shall each be separately stated, and refer to the cause of action which they are intended to answer in such manner that they may be Intelligibly distinguished." New matter pleaded under this statute,...

...Sec. 24fi. Screi-al defences. CC 1\, «. W2. The defendant may set forth by answer as many defences and counterclaims as he may have, whether they be such as have been theretofore denominated legal, equitable or both. They must each be separately stated and numbered,...

...questions, nor in the number and variety in them, which should prevent a uniform mode of trial in all cases, whether they be such as have been heretofore denominated legal or equitable. The next point for consideration is, how, in respect of form, the questions should be submitted to...

...Counterclaim. In What Actions. action as in a legal action,1 a defendant being permitted to set forth by answer as many defenses and counterclaims as he...heretofore denominated legal or equitable, or both,* the theory of counterclaim being to bring about the liquidation of mutual debts, and to find the balance...