 | Colorado. Supreme Court - 1915 - 664 pages
...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... | |
 | California - 1915 - 1528 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. JiisKu-j:... | |
 | 1918 - 1270 pages
...does not tend in any way to defeat or diminish the plaintiff's recovery, and does not arise out of the transaction set forth in the complaint as the foundation of the plaintiff's cause of action, nor is it connected with the subject of the action, as required by section 501 of... | |
 | 1919 - 1894 pages
...him for commissions in making sales, under a Code provision for a counterclaim which "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." Benton v. Moore (1904) 42 Misc. 660, 87 N. У. Supp.... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1921 - 832 pages
...think, that these provisions do not include the cause of action here presented as a counterclaim. While the transaction set forth in the complaint as the foundation of the respondent's cause of action may have been the cause for making the complaint before the grievance... | |
 | California - 1923 - 600 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 - 1923 - 952 pages
...SET UP COUNTER-CLAIM. If the defendant omits to set up a counter-claim upon a cause arising out of ded on written I 447. Copy of written instrument contained instrument set out in answe neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. Enacted... | |
 | 1923 - 1634 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... | |
 | 1925 - 1192 pages
...statutory conditions upon which a claim may be put forward as a counterclaim is that it shall arise "out of the transaction set forth in the complaint as the foundation of the plaintiff's claim."16 A "transaction" as the term is here used has been said 12. Stoddard v. Treadwell, 26 Cal... | |
 | Charles Albert Keigwin - 1926 - 896 pages
...v. Richards, 22 Barb. 14,°,. 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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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. 
