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" A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect... "
The Albany Law Journal: A Monthly Record of the Law and the Lawyers - Page 107
1896
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - 1873 - 604 pages
...or not, and such sct-off or counter-claim shall have the same 10 effect sis a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in the opinion of...
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., Page 941

Great Britain, Thomas Preston - 1873 - 244 pages
...damages or not, and snch set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...in the same action, both on the original and on the cross-claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in...
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Reports of Cases Relating to Maritime Law: Containing All the ..., Volume 4

1883 - 682 pages
...counterclaim shall have the same effect as a statement of claim in t cross- action, so as to enable the coon to pronounce a final judgment in the same action. both on the original and on the cross-claim.' And Order XXII., r. 10, says : " Where in anj action a set-off or counter-claim is established...
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Outlines of Equity: Being a Series of Elementary Lectures on Equity ...

Freeman Oliver Haynes - 1874 - 570 pages
...not, and such set-off or counter-claim • ' shall have the same effect as a statement of claim in a cross action, so as '' to enable the Court to pronounce...• ' both on the original and on the cross claim. But the Court or a judge • ' may, on the application of the plaintiff before trial, if in the opinion...
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Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ...

Henry John Stephen - 1874 - 726 pages
...mind that it is not eeery aetion the by statute, see Edwards r. Hodges, as a statement of claim in a cross action, so as to enable the court to pronounce...action, both on the original and on the cross claim; and where the set-off or counter-claim is established, the court may, if the balance be in favour of...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - 1874 - 452 pages
...damages or not, and such sct-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in the opinion of...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - 1875 - 754 pages
...damages or not, and such set-off or ci,i:nter-alaim shall have th,' same efeet as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or » Judge may, on the application of the plaintiff before trial, if in the opinion...
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The Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - 1875 - 700 pages
...damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a Judge' may, on the application of the Court may replaintiff before trial, if in...
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The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - 1875 - 592 pages
...damages or not, and such set-off or counterclaim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a judge may, on the application of the plaintiff before trial, if in the opinion of...
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Principles of the Common Law: An Elementary Work Intended for the Use of ...

John Indermaur - 1876 - 530 pages
...damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the court to pronounce...action both on the original and on the cross claim. But the court or a judge may, on the application of the plaintiff before trial, if in the (r) Brown's...
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