 | Nathan Howard (Jr.) - 1852 - 576 pages
...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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 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... | |
 | New York (State) - 1854 - 338 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... | |
 | Nathan Howard (Jr.) - 1858 - 616 pages
...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... | |
 | 1859 - 788 pages
...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'... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 pages
...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... | |
 | 1859 - 782 pages
...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'... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - 804 pages
...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'... | |
 | Benjamin Vaughan Abbott - 1859 - 580 pages
...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. (ยง 150, eubdiv. 1.) The Xenia Branch... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1861 - 740 pages
...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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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. 
