 | Oliver Lorenzo Barbour - 1863 - 732 pages
...company, removed. In such an action there cannot be a counter-claim, except such claim as arises out of the transaction set forth in the complaint as the foundation of the plaintiffs' action. The claims of the defendants do not arise out of that transaction, but are subsequent... | |
 | Nathan Howard (Jr.) - 1864 - 614 pages
...be a good subject for a separate action. It is not a counter claim, because it does not arise out of the transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. (Code,§150; Diddell>.Diddell,3Mb.... | |
 | New York (State) - 1867 - 1086 pages
...seem to follow that there may be a counter-claim hi an action for a tort when the claim arises out of the transaction set forth in the complaint as the foundation of the plaintiff1?. claim, or is connected with the subject of the action. Bat the decisions are that there... | |
 | California - 1872 - 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... | |
 | California - 1872 - 774 pages
...action, and arising out of one of the following causes of action : 1. 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 tho action. 2. In an action arising upon contract ; any other cause... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...action, and arising out of one of the following causes of action: 1. 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. In an action arising upon contract; any other cause... | |
 | Abraham Clark Freeman - 1873 - 590 pages
...instituted by himself. 3 By the recently adopted code of California, if the counterclaim arises ' ' out of the transaction set forth in the complaint as the foundation of the plaintiff's claim," or is "connected with the subject of the action" and the suit is in any other than a justice's court,... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...action, and arising out of one of the following causes of action : 1. A cause of action arising out of ind of willful, deliberate, and premeditated killing, or which is committed in the per or connected with the subject of the action; 2. In an action arising upon contract; any other cause... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 pages
...action, and arising out of one of the following causes of action: (1) 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." We are clearly of the opinion that the new matter alleged... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 pages
...action, and arising out of one of the following causes of action: 1. 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. Section 3231, Id., as follows: Whenever the defendant... | |
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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. 
