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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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North Carolina Reports: Cases Argued and Determined in the ..., Volume 78

North Carolina. Supreme Court - 1878
...plaintiff is entitled, it is difficult to see how a mere money demand like this can be said to arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim r or be so connected with the subject of the action as to constitute the counter-claim denned in the...
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The Law of Insolvency: Being the Voluntary and Involuntary Law of California ...

Jabez Franklin Cowdery - 1880 - 174 pages
...(a) A counter-claim in cases prosecuted in superior courts is: 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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Pacific Coast Collection Laws: A Summary of the Laws of California, Nevada ...

Jonathan Henry Jellett - 1880 - 385 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 plaintiffs claim, or connected with the subject of the action. 2. In an action arising upon contract...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881
...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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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 84

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1881
...Pattison v. Richards, 22 Barb. 143.) The claim of the defendants was a cause of action, not 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. The subject of the action was a fraud alleged to have...
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The Southern Law Review: And Chart of the Southern Law and Collection Union

1883
...lost her services, etc. Held, that the cause of action so alleged in the answer did not "arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim," and was not "connected with the subject of the action," and was not pleadable as a counterclaim thereto....
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The Ohio Law Journal, Volume 3

1883
...the defendants or their men, we are clearly of the opinion that such services did not arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, nor were they connected with the subject of the action, within the meaning of section 2656, Rev. St....
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 26

Utah - 1884
...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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The Pacific Reporter, Volume 4

1884
...action, and arising out of one of the following causes of action: (l) 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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West Coast Reporter ...: Containing All the Decisions as Fast as ..., Volume 3

1884
...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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