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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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Lawyers' Reports Annotated, Book 50

1901
...the Injury to each being the result of the same collision, is a proper counterclaim as arising out of the transaction set forth In the complaint as the foundation of the plaintiff's claim, it was eald that "for the same reason, because arising out of the same transaction, the defendant's...
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Wisconsin Reports: Cases Determined in the Supreme Court of ..., Volume 113

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1902
...counterclaim. The action being one in tort, the counterclaim must be 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. Stats. 1898, sec. 2656. Johnson v. Turnell, 113 Wis. 46&...
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The New York Supplement

1902
...Aside from the fact that the counterclaims arise out of the same contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, and are therefore permissible, the action is really one on contract, not in tort, and the counterclaims on contract are...
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Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ...

Joseph Henry Budd - 1902 - 763 pages
...the cross complainant to affirmative relief.56 A counter claim is a cause of action arising out of the transaction set forth in the complaint as the foundation of the "--', Code of Ciril Procedure, Sec. 439. B3. Code of Civil Procedure, Sec. 441. 54. Code of Civil Procedure,...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 5

Idaho. Supreme Court - 1903
...Process. SETOFF AND COUNTERCLAIM. 1. PRACTICE COUNTERCLAIM. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected therewith, in favor of the defendant, must, to avail such defendant, be set forlh in the...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 82

New York (State). Supreme Court. Appellate Division - 1903
...was said by Judge RAPALLO : " The claim of the defendants was a cause of action, not 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. The subject of the action was a fraud alleged to have...
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The Pacific Reporter, Volume 74

1904
...that the alleged counterclaim set up in the amended answer is not a cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, and is not such a one as defendant is permitted to make under section 47 of our civil practice act (Сотр....
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Wisconsin Reports, Volume 118

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1904
...adjudicated to be unfounded. Held, that such counterclaim did not consist of a cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, nor was it connected with the subject of the action as required by sec. 2056, Stats. 1898. 2. Such...
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Reports of Selected Cases Decided in Courts of the State of New ..., Volume 42

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 31

Montana. Supreme Court - 1905
...Procedure, in an action in tort the defendant cannot counterclaim any new matter not 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. ( Davis v. Frederick, 6 Mont. 300, 12 Pac. 664.) The converse...
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