| 1904 - 1262 pages
...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... | |
| Arkansas. Supreme Court - 1892 - 736 pages
...(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... | |
| 1889 - 526 pages
...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... | |
| Nevada. Supreme Court - 1890 - 542 pages
...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,... | |
| North Carolina. Supreme Court - 1890 - 618 pages
...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... | |
| Charles Patrick Daly - 1891 - 622 pages
...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... | |
| 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 - 664 pages
...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... | |
| Colorado. Court of Appeals - 1894 - 672 pages
...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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