 | 1906 - 1290 pages
...Rev. Codes 1899, which authorizes a defendant to counterclaim upon "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," а mortgagor of chattels may counterclaim for their conversion... | |
 | California - 1906 - 1130 pages
...action, and arising out of one of the following causes of action: 1. 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. in an action arising upon contract; any other cause... | |
 | California - 1907 - 998 pages
...TO SET UP COUNTERCLAIM. If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. History:... | |
 | California - 1907 - 894 pages
...TO SET UP COUNTERCLAIM. If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. History:... | |
 | California - 1909 - 2106 pages
...TO SET UP COUNTERCLAIM. If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. Hlntoryi... | |
 | William Angus Sutherland - 1910 - 1052 pages
...several judgment might be had in the action. It must set forth — 1. 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 2. In an action arising upon contract, any other cause... | |
 | 1911 - 1332 pages
...the engine covered by the mortgage was, in part, taken in exchange. Such counterclaim arose out of the transaction set forth in the complaint as the foundation of the plaintiffs claim, and is connected with the subject of the action, within the meaning of the statute;... | |
 | Curtis Hillyer - 1912 - 1084 pages
...Superior Court Eule.— If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterward maintain an action against the plaintiff therefor: Kerr's... | |
 | Edson Read Sunderland - 1913 - 780 pages
...quite clear that the trespass for which the defendant interposed the counterclaim did not arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claims, and that it is. not connected with the subject of the action set forth therein. It follows,... | |
 | William Hiram Courtright, George S. Berry - 1915 - 736 pages
...proceeded. — Lehow v. Simonton, 3 C. 346. § 10. Counterclaim. (a) A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim may be set up as a counterclaim, and it matters not, in such a case, that the plaintiff's claim Is... | |
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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. 
