 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.  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Seite 6von Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868Vollansicht - Über dieses Buch
 | John Chipman Gray - 1888 - 816 Seiten
...which are embraced in section 149, as counterclaims. A counter-claim must be, 1st, a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action ; or 2d, in an... | |
 | 1890 - 1110 Seiten
...cause of action 'This section provides that one subject of a counter-claim shall be "a cause of action arising out of the contract or transaction set forth in the complaint as the foundation oí the plaintiff's claim, or connected with the subject of the action. " V.7N.Y.8.D0.1... | |
 | Arkansas. Supreme Court - 1912 - 662 Seiten
...labor furnished after the contract expired. Recoupment, like a counterclaim, must be 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 contract,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1888 - 710 Seiten
...occupancy of the premises, and which constituted a condition of the letting, it is "a cause of action arising out of the contract, or transaction set forth in the complaint (or attempted to be set forth therein), as the foundation of the respondent's claim," within the meaning... | |
 | Arkansas. Supreme Court - 1916 - 660 Seiten
...providing that a counter-claim must 'be a cause of action in favor of the defendant against the plaintiff arising out of the contract or transaction set forth in the complaint, in an action to recover for threshing defendant's grain, his claim against plaintiff for damages for... | |
 | 1905 - 1266 Seiten
...502, provides that In an action on contract defendant may plead as a counterclaim a cause of action arising out of the contract or transaction set forth In the complaint, or any cause of action on contract existing at the commencement of the action, and seo Won 2945 provides... | |
 | Arkansas. Supreme Court - 1914 - 652 Seiten
...ground for a counter claim or set-off by B. against B. Co. for the reason that the claim was not one arising out of the contract or transaction set forth in the complaint, and was not a cause of action arising upon contract. Klrby's Digest, § § 6099, 6101. (Page 247.)... | |
 | Abraham Clark Freeman - 1889 - 1002 Seiten
...and some other states before the codes is now a counterclaim under the statute: 1. "A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action ": BS, sec. 2656.... | |
 | New York (State), Charles David Rust - 1889 - 864 Seiten
...between whom »nd the plaintiff a separate judgment 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... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1890 - 618 Seiten
...plaintiff, between whom a several judgment might be had in the action, and must be a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim. § 73, Civil Code. The foundation of the respondents' claim... | |
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