 | North Carolina. Supreme Court - 1878 - 692 pages
...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... | |
 | Jabez Franklin Cowdery - 1880 - 198 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... | |
 | Jonathan Henry Jellett - 1880 - 394 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... | |
 | Idaho (Ter.) - 1881 - 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; 2. In an action arising upon contract; any other cause... | |
 | 1883 - 876 pages
...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.... | |
 | 1883 - 818 pages
...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.... | |
 | Utah - 1884 - 666 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... | |
 | 1884 - 1268 pages
...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... | |
 | 1884 - 880 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 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. 
