 | Allan D. Vestal - 1969 - 604 pages
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 | Guam, John A. Bohn - 1970 - 466 pages
...defendant omits to set up. If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. [Enacted... | |
 | California - 1972 - 764 pages
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 | California - 1972 - 1098 pages
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 | Philippines. Supreme Court - 1910 - 980 pages
...which the counterclaim arises exists at the time of the commencement of the action and arises out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or is necessarily connected with the subject of the action, neither the defendant nor his assignee... | |
 | 1978 - 1092 pages
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 | 1088 pages
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 | California. Supreme Court - 1906 - 892 pages
...serve, and the correlative undertakings of the defendants are but parts of one contract. That contract is "the transaction set forth in the complaint as the foundation of the plaintiff's claim," and the counter claim pleaded " arises out of that transaction," and is " connected with the subject of... | |
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A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. 
