 ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff,...  The American and English Encyclopedia of Law - Page 371edited by - 1893Full view - About this book
 | New York (State). - 1850 - 920 pages
...what is intended. Amended C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action, arising out of the contract or transaction... | |
 | Henry Whittaker - 1852 - 900 pages
...and concise language, without repetition. § 150. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action, arising out of the contract or transaction... | |
 | New York (State) - 1852 - 606 pages
...liad in the action, and 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 as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a...judgment might be had in the action, and arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set forth... | |
 | New York (State) - 1855 - 802 pages
...(Amended 1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract or transaction... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several judgment might be had in the action, and arising out of one of the following causes of action. 1. A cause of action arising out of the contract, or transaction... | |
 | William H. R. Wood - 1857 - 834 pages
...The counter claim mentioned in the last section [St. 1851, 57.] shall be one existing in favor of the defendant, and against a plaintiff, between whom a...judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth... | |
 | District of Columbia - 1857 - 788 pages
...the action. SEC. 14. 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 claim, he shall not afterwards maintain an action therefor. If the defendant... | |
 | 1857 - 610 pages
...It was a claim of the defendant Bloomer only. 3. It was not a cause of action on contract, nor one arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 4. That a several judgment could not be had between the... | |
 | Kansas - 1858 - 482 pages
...answer. What the set SEC. 94, Q'hat the counterclaim mentioned in the last section off or counter ust be. must be one existing in favor of a defendant and against...out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. When... | |
| |
