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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 New York Supplement

1904
...between tort and contract can operate to deprive the defendant of his counterclaim, if it 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. The earlier decisions commonly held that there could...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 55

Arkansas. Supreme Court - 1892
...(Mansf. Dig., sec. 5034). 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, f nd was not connected with the subject of the action. The wrong complained of by...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Volume 15

1889
...interposes a demurrer, and assigns as cause : First. That it is not a cause of action arising out oi the transaction set forth in the complaint as the foundation of the plaintiffs claim or connected with the subject of the action. Second. That it appears upon the face...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 20

Nevada. Supreme Court - 1890
...as a counter-claim, was "connected with the subject of the action." Courts have differed as to what is the " transaction set forth in, the complaint as the foundation of the plaintiff's claim," as well as to what is the "subject of the action." We shall not inquire whether, in this case, on demurrer,...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 105

North Carolina. Supreme Court - 1890
...alleged, and assign as grounds of demurrer, as follows: 1. "It is not 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. "It is not such demand as can be...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 15

Charles Patrick Daly - 1891
...First. because, the action being in tort, causes of action arising on contract, and forming no part of the transaction set forth in the complaint as the foundation of the plaintiff's claim, cannot be set off against the wrong complained of (Code Civ. Pro. 501). Second, the provision in...
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Reports of Cases in the Supreme Court of Nebraska, Volume 30

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891
...and that it did not constitute a counter-claim, because it does not arise out of contract nor out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, nor is it Brugman v. Burr. connected with the subject of the action. The motion was allowed. It must...
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Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 22

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1892
...suit might be maintained by the defendant against the plaintiff in the suit," or one arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or one in some way connected with the subject of the suit. (Code, 393.) The matters here pleaded...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 132

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1892
...did not,, whether it is connected with the subject of the action within the meaning of the Code. What is the transaction set forth in the complaint as the foundation of the plaintiffs claim ? It is the commencement of an action against him, with malice and without probable...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 3

Colorado. Court of Appeals - 1894
...counterclaim in this suit. Section 57 of the Code defines a counterclaim as 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 ; or a cause of action upon contract and existing at the...
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