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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 Northwestern Reporter, Volume 105

1906
...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...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1906 - 1079 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...
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The Statutes of California and Amendments to the Codes: Passed at the ...

California - 1907 - 960 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:...
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The Statutes of California and Amendments to the Codes Passed at the ...

California - 1907 - 867 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:...
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A Treatise on Code Pleading and Practice: Also Containing 1900 ..., Volume 1

William Angus Sutherland - 1910
...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...
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Lawyers' Reports Annotated, Book 34

1911
...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;...
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Code of Law, Practice and Forms: For Justices' and Other Inferior ..., Volume 1

Curtis Hillyer - 1912 - 1932 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...
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Cases on Procedure, Annotated: Code Pleading

Edson Read Sunderland - 1913 - 761 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,...
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Courtright's Colorado Digest: Digesting All Colorado Decisions ..., Volume 3

William Hiram Courtright, George S. Berry - 1915
...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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Cases Argued and Determined in the Supreme Court of the State of ..., Volume 57

Colorado. Supreme Court - 1915
...It may be used by defendant to plead as against the plaintiff: '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 cause of action; 2. In an action arising upon contract, any other cause of action...
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