 | 1913 - 1290 էջ
...one-of the following causes of action against the plaintiff, * * * and in favor of the defendant, * * * between whom and the plaintiff a separate judgment may be had in the action." It must also be : "(1) A cause of action arising out of the contract or transaction, set forth in the... | |
 | 1903 - 1258 էջ
...COUNTERCLAIM — WHAT CONSTITUTES. Code Civ. Proc. S 501, subd. 1, authorizes as a counterclaim a eausp of action arising out of the contract or transaction set forth in the coiuplalut or connected with the subject of the action. Plaintiffs sued In conversion to recover $800... | |
 | Indiana - 1888 - 1024 էջ
...counter-claim — Effect. 96. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract, or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them, he can not afterward maintain an action against... | |
 | Arkansas. Supreme Court - 1914 - 652 էջ
...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.)... | |
 | Arkansas. Supreme Court - 1916 - 660 էջ
...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... | |
 | 1894 - 1218 էջ
...way of counterclaim. The plaintiff has demurred to the counterclaim on the ground that it is not a cause of action arising out of the contract or transaction set forth as the foundation of the plaintiff's claim, to wit, "the recovery of rent." It is to be noted that... | |
 | Abraham Clark Freeman - 1889 - 1002 էջ
...recoupment in New York and some other states before the codes is now a counterclaim under the statute: 1. "A cause of action arising out of the contract...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action ": BS, sec. 2656. The doctrine of recoupment... | |
 | New York (State), Charles David Rust - 1889 - 864 էջ
...causes of action against the plaintiff, or, in a proper ease, against the person whom he represents, and in favor of the defendant, or of one or more defendants, between whom »nd the plaintiff a separate judgment may be had in the action: 1. A cause of action, arising out... | |
 | 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 էջ
...used in said subdivision last referred to, it would seem to be something akin to it. The clause,' "a cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim," would imply that it arose out of some agreement or business affair between the parties. To illustrate:... | |
 | 1890 - 1270 էջ
...in him, under Rev. St. Wis. § 3656, which provides that defendant may plead as a counter-claim "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. " 8. One who has exclusive possession... | |
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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... 
