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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 Codes of California as Amended and in Force at the Close of the Forty ...

California - 1915
...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:...
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The New York Supplement

1918
...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...
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American Law Reports Annotated, Volume 2

1919
...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....
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Cases Determined in the Supreme Court of Washington, Volume 111

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1921
...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...
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The Code of Civil Procedure of the State of California in Four Parts ...

California - 1923 - 574 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 Code of Civil Procedure of the State of California in Four Parts

California - 1923 - 574 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...
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American law reports annotated, Volume 27

1923
...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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A Selection of Cases on the Law of Domestic Relations and Persons

Edwin Hamlin Woodruff - 1920 - 753 pages
...1 of that section authorizes a cause of action to be pleaded as a counterclaim which arises 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 word "transaction" is not limited to causes of action...
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The Insurance Law Journal, Volume 9; Volume 29

1900
...the sum of f 22 in payment for the same. We are of the opinion that the counterclaim did arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or at least that it is connected with the subject of the action. The provisions of this section in...
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California Appellate Decisions, Volume 30

California. District Courts of Appeal - 1919
...provides that, "if the defendant omits to set up a counter-claim upon a cause of action 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". Since...
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