...pleaded as a set-off. Section 6576 defines a "counterclaim" thus: "(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,...

...the contract. Defendant's fraud vitiated the contract. II. The counter-claim does not " arise out of the transaction set forth in the complaint as the foundation of the plaintiffs claim, neither is it connected with the subject of the action. The subject of the action...

...and arising out of one of the following causes of action : First — 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. Second — In im action arising upon contract, any other...

...respondents, contended, inter alia, that the causes of action set up as counterclaims arise out of the transaction set forth in the complaint as the foundation of the plaintiffs' claim. The word " transaction " as used in the statute means something more than the alleged...

...instituted by himself.1 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 plaintiffs claim," or is " connected with the subject of the action," and the suit is in any other...

...counterclaim Is based certainly did not arise out of the indemnity contract. Neither did it arlee out of the transaction set forth In the complaint as the foundation of the plaintiffs' claim. That transaction was the making of the contract. It was not connected with the subject...

...as a part of this amended and supplemental answer. (4) That the demand herein set forth arose out of the transaction set forth In the complaint as the foundation of the plaintiff's claim, and is connected with the subject of the action, as Is shown by the facts herein alleged. "Wherefore, this...

...action shall tend in some way to diminish or defeat the plaintiff's recovery, and shall arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action, in order to constitute a counter claim. What does the...

...eubject of the action." The cause of action set up as a counter-claim In this case did not arise out of the transaction set forth in the complaint as the foundation of the plaintiffs' claim, and was not connected with the subject of the action. The wrong complained of by...

...Millers' Assoc., 33 Minn. In North Carolina a nonsuit is not permitted when a counterclaim arising out of the transaction set forth in the complaint as the foundation of the action is set up by the defendant. Purnell v. Vaughan, So N. Car.^.6; Whedbee v. Leggett, 92 N. Car....