 ... 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
 | Utah (Ter.) - 1870 - 162 pages
...language. SEC. 47. The counter claim mentioned in the last Section, 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: First — A cause of action arising out of the transaction Counter... | |
 | Wyoming - 1870 - 808 pages
...existing in favor of a defendant, and against a pl&intiff, between whom a several judgment might bo had in the action, and arising 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. SEC.... | |
 | Charles W. Langdon - 1870 - 858 pages
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several 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... | |
 | 1883 - 548 pages
...evict ¡ou averred in the answer. Assuming that defendant has a cause of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, nor is it connected with the subject of the action, nor is it a... | |
 | United States. Congress. Senate - 1871 - 1256 pages
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several 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... | |
 | Nathan Howard (Jr.) - 1871 - 704 pages
...(Lafarge agt. Kclsey, 1 Bosw., 171), provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. (Code, $ 150, subd. 1.) Formerly the rule was that... | |
 | California - 1872 - 774 pages
...$ 438. (} 47.) The counter claim mentioned in the last section must be one existing in favor of à 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 set forth... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...mentioned in the When counter last section must be one existing in favor of a de- jj»™ to be fendant and against a plaintiff, between whom a 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 transaction set forth... | |
 | Montana (Ter.) - 1872 - 802 pages
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : First. A cause of action arising out of the transaction set... | |
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