 A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...  The Code of Civil Procedure of the State of New-York - Page 267by New York (State). Commissioners on Practice and Pleadings - 1850 - 791 pagesFull view - About this book
 | New York (State) - 1867 - 1086 pages
...1852.) Counter-claim. Several defences. •. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against...several judgment might be had in the action, and arising oat of one of the following causes of action : — 1. A. cause of action arising out of the contract... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 pages
...plaintiff's claim or demand for damages," may not all bo expressed in section 0O, thus: "a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them." "When the sections are carefully compared, it... | |
 | North Carolina. Supreme Court - 1878 - 760 pages
...repetition.'' §100. And the counter claim itself is described in the next section, — " it must be one existing in favor of a defendant and against a...whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
 | New York (State). - 1869 - 280 pages
...aoncise Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and against...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | New York (State) - 1869 - 1002 pages
...section, must be one Answcr existing in favor of a defendent, and against a plaintiff, between whom mayn't a several judgment might be had in the action, and...of one {££*",. of the following causes of action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" forth in... | |
 | Thomas Whitney Waterman - 1869 - 800 pages
...citing Harlan v. Lumsden, 1 Duvall, Ky. R 86). As a counter-claim under the New York Code must exist in favor of a defendant and against a plaintiff between whom a several judgment may be had in the action, a claim of the defendant that the assignor of the plaintiff, at the time... | |
 | North Carolina. Supreme Court - 1875 - 720 pages
...hereafter but one form of action," &c. CCP sec. 12. BITTISG t>. THAXTON. A counter claim must be " a cause of action arising out of the contract, or transaction set forth in tho complaint, as the foundation of the plaintiff's claim, or connected wjth the subject of tho action."... | |
 | New York (State), John Townshend - 1870 - 896 pages
...1849, 1852.) Counter-claim. Several defenees. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against...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,... | |
 | 1870 - 288 pages
...existing in favor of a defendant. and against a plaintiff, hetween whom a several jndgment might he had in the action, and arising out of one of the following...complaint, as the foundation of the plaintiff's claim, or counected with the suhject of the action. 2. In an action arising on contract, any other cause of action... | |
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