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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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The Pacific Reporter, Volume 203

1922
...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,...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 67

Nathan Howard (Jr.), Rowland M. Stover, New York (State). Supreme Court - 1884
...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...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1310 pages
...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...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 62

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1885
...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...
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A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - 1886 - 727 pages
...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...
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The Atlantic Reporter, Volume 80

1911
...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...
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The Southeastern Reporter, Volume 48

1905
...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...
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Civil Procedure Reports: Containing Cases Under the Code of ..., Volumes 1-10

1887
...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...
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The Southwestern Reporter, Volume 18

1892
...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...
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The American and English Encyclopedia of Law, Volume 22

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893
...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....
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