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" When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... "
Acts of the State of Ohio - Página 283
de Ohio - 1900
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Law Reform

Thomas Berry Cusack Smith - 1863 - 140 páginas
...maintain an action against the plaintiff therefor." Section 648 provides that " When cross demands have existed between persons, under such circumstances,...brought an action against the other a counterclaim could have been set up, neither can be deprived of the benefit thereof by the assignment or death of...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 páginas
...arising also upon contract, and existing at the commencement of the action. SEC. 48. When cross demands have existed between persons, under such circumstances,...brought an action against the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 páginas
...matter set up in the replication, shall be deemed denied by the defendant. SEC. 48. When cross demands have existed between persons, under such circumstances,...brought an action against the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death...
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Laws of the Territory of Idaho

Idaho, Idaho Territory - 1866 - 534 páginas
...cause of action arising also upon contract, and existing at the commencement of the action. SEC. 48. When cross-demands have existed between persons,,...brought an action against the other, a counter-claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 páginas
...arising also upon contract, and existing at the commencement of the action. SEC. 48. When cross demands have existed between persons, under such circumstances...if one had brought an action against the other, a counter claim could have been set up, neither shall bo deprived of the benefit thereof, by the assignment...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 páginas
...arising also upon contract, and existing at the commencement of the action. SEC. 48. When cross demands have existed between persons, under such circumstances...if one had brought an action against the other, a counter claim could have been set up, neither shall bo deprived of the benefit thereof, by the assignment...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 800 páginas
...Minn. Ed. of 1859, 503. 504). In Ohio, the statute (Ed. of 1860, p. 988 ; Code, g 99) declares that " when cross-demands have existed between persons under...neither can be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands must be deemed compensated, so far as they...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 páginas
...action arising also upon contract, and existing at the commencement of the action. Pr. Act, 47. SEC. 4. When cross-demands have existed between persons under...brought an action against the other a counter-claim could have been set up, neither shall be deprived of the benefit thereof by the assignment or death...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 páginas
...can afterwards maintain an action against the plaintiff therefor. ф 44O. ($ 48.) When cross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither can be deprived of the benefit thereof by the assignment...
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The Code of Civil Procedure: Of the State of California, Parte 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...if one barr"<inby , , , death or nad brought an action against the other, a counter »»»igncliiim could have been set up, neither can be deprived of the benefit thereof by the assignment or death of the other; but the two demands must be deemed compensated so far as they...
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