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" 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. "
The American State Reports: Containing the Cases of General Value and ... - Page 680
edited by - 1907
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.), New York (State). Supreme Court - 1852
...up as a counterclaim under the amended Code. The counterclaim allowed by the Code must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action. If the plaintiff claimed damages, the defendants' counterclaim...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 pages
...action, and arising out of one of the following causes of action : 1st. 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 : 2d. In an action arising upon contract, any other cause...
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Supplement to the Second and Third Editions of Voorhies' Annotated Code ...

New York (State) - 1854 - 327 pages
...on practice and pleading (1850) pp. 267-9. " The counter-claim allowed by the code must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action." In the case of a widow suing to recover her dower...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 15

Nathan Howard (Jr.), New York (State). Supreme Court - 1858
...matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor do they arise on contract. Third. The facts stated...
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The Merchants' Magazine and Commercial Review, Volume 40

1859
...warrants a counter claim in favor of a defendant against a plaintiff, fora 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. (Sub. 1.) The transaction out of which the plaintiffs'...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1859
...Henry, 2 Cowen, 332.) If this answer does not set up a cause of action as a counter claim arising out of the transaction set forth in the complaint " as the foundation of the plaintiff's claim or Burns r. Nevins. connected with the subject of the action," I cannot imagine a case where an answer...
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Merchants' Magazine and Commercial Review, Volume 40

1859
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs'...
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Hunt's Merchants' Magazine and Commercial Review, Volume 40

Freeman Hunt - 1859
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs'...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 7

Benjamin Vaughan Abbott - 1859
...warrants a counter-claim in favor of a defendant against a plaintiff, for a cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiffs' claim, or connected with the subject of the action. ( 150, eubdiv. 1.) The Xenia Branch...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

Joseph S. Bosworth, New York (State). Superior Court (New York) - 1861
...conclude, therefore, that the only cause of action which the answer describes, does not arise out of the transaction set forth in the complaint, as the foundation of the plaintiff's claim. Nor is it a cause of action "connected with the subject of the action." The subject of the action is...
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