 | California - 1872 - 892 էջ
...counter claim against the plaintiff. The cause of action set forth in the counter claim must arise either out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,... | |
 | Austin Abbott - 1872 - 576 էջ
...Procedure, allowing defendant, in any action, to set up a counter-claim, proTided it be founded on a cause of action arising out of the contract or transaction set forth in the complaint, or be connected with tht subject of the action, — is not to be construed as authorizing a defendant,... | |
 | William Wait - 1873 - 950 էջ
...the action, and of which such defendant is the owner, provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. Chamboret v. Cagney, 2 Sweeny, 378 ; SC, 10 Abb. NS... | |
 | California - 1874 - 870 էջ
...against the plaintiff. The cause of action set forth in the counter claim must arise either out of llio contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,... | |
 | Marcus Tullius Hun - 1875 - 902 էջ
...one existing in favor of a defendant against a plaintiff, between whom a several judgment may be had, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff" 's demand, or connected with the subject of the action, or a cause of FIKST DEPARTMENT,... | |
 | John Norton Pomeroy - 1876 - 924 էջ
...whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaiatiff's claim, or connected with the subject of the action... | |
 | Austin Abbott - 1872 - 620 էջ
...150, now regulates this matter. The section has two subdivisions. It permits to be counter-claimed — 1. A cause of action arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 2. In an action on contract any other cause of action... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1876 - 608 էջ
...a tort. Lehmair v. Gruicold, 100. 2. A counter-claim in such an action, to be available, must arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or it must be connected with "the subject of the action." lfi. 3. The words " the... | |
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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. In an action on contract, any other cause of action on contract existing... 
