| Bancroft-Whitney Company - 1926 - 1208 pages
...also the amount of the eross-demand is of no moment for jurisdictional purposes where it 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.11 §356. Right to Affirmative Relief on Counterclaim.... | |
| Edwin Hamlin Woodruff - 1920 - 784 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... | |
| Charles Albert Keigwin - 1926 - 898 pages
...Fattison v. Richards, 22 TJarb. 143. 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 plaintiffs claim, or connected with the subject of the action. ,The subject of the action was a fraud... | |
| 1900 - 1160 pages
...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... | |
| California. District Courts of Appeal - 1919 - 1060 pages
...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... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914 - 788 pages
...briefed this proposition on the theory that T" 2 of § 6860, supra, is applicable. Herein he is in error. The transaction set forth in the complaint as the foundation of the plaintiff's claim is the giving of the notes, and the contract for the purchase of the land was the transaction out of... | |
| 1922 - 940 pages
...provides that "if the defendant omits to set up a counterclaim 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... | |
| Guam, John A. Bohn - 1970 - 466 pages
...defendant omits to set up. 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. [Enacted... | |
| Philippines. Supreme Court - 1910 - 980 pages
...which the counterclaim arises exists at the time of the commencement of the action and arises out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or is necessarily connected with the subject of the action, neither the defendant nor his assignee... | |
| California. Supreme Court - 1906 - 892 pages
...serve, and the correlative undertakings of the defendants are but parts of one contract. That contract is "the transaction set forth in the complaint as the foundation of the plaintiff's claim," and the counter claim pleaded " arises out of that transaction," and is " connected with the subject of... | |
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