 | 1892 - 1284 páginas
...arming also on contract, and existing at the commencement uf the action. The defendant may set forth by answer as many defenses and counterclaims as he...heretofore denominated legal or equitable, or both." The test of a counterclaim U whether the defendant could have maintained an independent action on the... | |
 | 1905 - 856 páginas
...defendant to present in any civil action as many defenses, counterclaims, set-offs, and rights to relief as he may have, whether they be such as have been...heretofore denominated legal or equitable, or both. Gen. St. 1897, c. 95, §§ 6, 94. Under this legislation it is the practice in the courts of Kansas... | |
 | North Carolina, Walter Clark - 1892 - 950 páginas
...66-224. Sec. 245. Sereral defences, r. CP,8. 1O2. 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,... | |
 | Missouri. Courts of Appeals - 1893 - 768 páginas
...of practice provided by statute in other civil cases to the effect that "a defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such as had been heretofore denominated legal or equitable or both." Little v, Harrington, 71 Mo. 390, overruling... | |
 | South Carolina - 1894 - 670 páginas
...arising also on contract, and existing at the commencement of the action. The defendant may set forth by answer as many defenses and counter-claims as he...equitable, or both. They must each be separately stated, and refer to the causes of action which they are intended to answer, in such manner that they may be... | |
 | Philemon Bliss - 1894 - 858 páginas
...actions, and, in the system we are considering, it is expressly provided that "the defendant may set forth by answer as many defenses and counter-claims as he...heretofore denominated legal or equitable, or both." In an early case arising under the Code,48 the action being upon a judgment and one of the defenses... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1894 - 806 páginas
...case, as under subd. 3, § 195 of the Code of Procedure, the defendant may set forth by answer as manv defenses and counterclaims as he may have, whether...heretofore denominated legal or equitable, or both, and as appellant has pleaded his equitable right to the land in controversy, and as in our judgment... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1894 - 1008 páginas
...1014, sec. 4.) And with the same degree of explicitness it is provided that the defendant may set forth by answer as many defenses and counter-claims as he may have, whether they be such as have heretofore been denominated 'legal or equitable,' or both. (Ib., 1016, sec. 13.) It is evident from... | |
 | 1896 - 1180 páginas
...It is true that it further provides that the defendant may set forth by answer as many defenses aud counterclaims as he may have, whether they be such...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... | |
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The defendant may set forth by answer as many defenses and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. 
