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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. "
The Pacific Reporter - Seite 322
1916
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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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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom a...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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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...Several defenses — The counter-claim 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 liad in the action, and arising out of one of the following causes of action : 1. A cause of action...
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Practice Reports in the Supreme Court and Court of Appeals, Band 8

Nathan Howard (Jr.) - 1853 - 594 Seiten
...the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and against a plaintiff between whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment...
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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
...counter claim, in ordinary and concise 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 tho action, and arising out of one of the following causes of action : 1st. A cause of action arising...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 Seiten
...The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 Seiten
...Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a...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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Reports of Cases Argued and Determined in the Superior Court of the ..., Band 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 Seiten
...in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & 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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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 Seiten
...SEC. 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against a plaintiff between whom a several...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....
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