 | 1876 - 860 Seiten
...counterclaim may be "a cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action." It is seldom that more than one cause of action will arise out of the same transaction, a broader term... | |
 | John Norton Pomeroy - 1876 - 908 Seiten
...in the action, and arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's claim, or connected with the subject of the action." " A set-off can only I Lancaster, &c. Man. Co. ;•. Colgate, if it purports to be a counterclaim,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 Seiten
...one of the following causes of action: 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. Section 3231, Id., as follows: Whenever the defendant seeks affirmative relief against any party relating... | |
 | New York (State), William Wait - 1877 - 662 Seiten
...may be had in the 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 on contract, any other cause of action on contract, existing at the commencement of... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 Seiten
...one of the following causes of action: (1) A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action." We are clearly of the opinion that the new matter alleged in the answer and cross-complaint meets all... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 Seiten
...counter-claim *to be one which '' arises out of the contract or transaction set forth in the petition, us the foundation of the plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it must have some Bsily c. City of Cincinnati. direct connection with the... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 Seiten
...following causes of 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. the payments upon the purchase money by counter-claim in the same action. Peareall n. Mayers, 64 —... | |
 | New York (State) - 1879 - 436 Seiten
...be had in the 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 on contract, any other cause of action on contract, existing at the commencement of... | |
 | Jabez Franklin Cowdery - 1880 - 198 Seiten
...cases prosecuted in superior courts is: 1. A cause of action arising out of the 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 upon contract; any other cause of action arising also upon contract aud existing... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 Seiten
...causes of action: n-337 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 existing... | |
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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. 
