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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. "
The American State Reports: Containing the Cases of General Value and ... - Page 680
edited by - 1907
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1863
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 27

Nathan Howard (Jr.), New York (State). Supreme Court - 1864
...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....
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 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...
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The Code of Civil Procedure of the State of California, Volume 1

California - 1872
...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...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 750 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...
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The Code of Civil Procedure: Of the State of California

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 768 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...
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A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - 1873 - 540 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,...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 1861 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...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 25

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
...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...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 9

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
...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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