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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. "
Acts of the State of Ohio - Seite 281
von Ohio - 1900
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Reports of Civil and Criminal Cases Decided by the Court of ..., Band 2;Band 59

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1860 - 730 Seiten
...demurrer properly overruled ? Any cause of action in favor of the defendant, which arises out of the transaction set forth in the petition, as the foundation of the plaintiff's claim, may be relied upon as a counter claim. A counter claim is substantially a cross action by the defendant...
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Band 27

Arkansas. Supreme Court - 1873 - 782 Seiten
...or some of them, against the plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...action : 1. 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. In an action arising on obligation, any other cause of action arising also on obligation, and existing...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...mentioned in the last section, must b3 one 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 contract or transaction...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 Seiten
...insufficient, defendant may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Band 1

Kentucky - 1851 - 548 Seiten
...insufficient, defendant may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...mentioned in the last section, must be one 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 contract or transaction...
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Laws of the State of New York

New York (State) - 1852 - 836 Seiten
...action: 1. 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. In an action arising on contract, any other cause of action arising also on contract, and exibtiug...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 Seiten
...language. Demurrer to complaint. 526 one existing in favor of the 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 transaction set forth...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 Seiten
...action : 1. A cause of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or connected with the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract and existing...
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