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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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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 24

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
...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...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 44

1922
...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...
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The Code of Civil Procedure and the Probate Code of the Territory ..., Volume 1

Guam, John A. Bohn - 1970
...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 26

California. Supreme Court - 1906
...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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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 135

California. Supreme Court - 1906
...action brought against the party in whose favor it exists, refers to "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." (Code Civ. Proc., sec. 438, subd. 1, and sec. 439.) Pomeroy...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 18

Austin Abbott - 1865
...the first clause of section 150, VOL. XVlII."-7 Vose a. Galpen. aa "causes 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." The "subject of the action," in other words the transaction...
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2 years transportation progress, Volume 2

1889
...interposes a demurrer, and assigns as cause: First, that it is not 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; second, that it appears upon the face of said counter-claim...
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The Code of Civil Procedure of the State of California ... the State Code of ...

California - 1925 - 582 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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Annual Reports of the Secretary of War, Volume 1, Part 10

United States. War Department - 1901
...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 plaintiffs claim, or is necessarily connected with the subject of the action, neither the defendant...
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