 | Arkansas. Supreme Court - 1873 - 782 pages
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;... | |
 | New York (State). - 1850 - 920 pages
...following causes of 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 arising on obligation, any other cause of action arising also on obligation, and... | |
 | Kentucky - 1851 - 544 pages
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,... | |
 | Kentucky - 1851 - 548 pages
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the... | |
 | Henry Whittaker - 1852 - 900 pages
...following causes of 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 arising on contract, any other cause of action arising also on contract, and existing... | |
 | Nathan Howard (Jr.) - 1852 - 576 pages
...under the Code. The counter claim allowed by the Code in an action not arising on contract, 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. Bogardus agt. Parker, 303. COUNTY CLERK'S office, see... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set...claim, or connected with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
 | Wisconsin - 1853 - 810 pages
...following !,' , causes of action : 1. A cause of action arising out of the contract or tnasaction 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 arising on contract, any other cause of action arising also on contract and existing... | |
 | Nathan Howard (Jr.) - 1853 - 594 pages
...150, a counter-claim is, 1st, 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. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
 | New York (State) - 1854 - 338 pages
...Commissioners 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 in... | |
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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. 
