 It is sufficient to say that assuming he has a right of action, it does not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, nor is it connected with the subject of the action, nor is it...  The New York Supplement - Page 7871913Full view - About this book
 | Nathan Howard (Jr.), Rowland M. Stover - 1878 - 678 pages
...the others in January or October, 1873. Held, That the causes of action set forth as counter-claims did not arise out of the contract or transaction set forth in the complaint, nor were they connected with the subject-matter thereof. (Bradhurst agt. Townsend, 11 Hun, 104.) 2.... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - 558 pages
...Allen v. Maddox, 40 Iowa, 124. 64. Counter-claim. A pleading based upon a counter-claim which does not arise out of the contract or transaction set forth in the petition, and is not connected with the subject of the action, and does not contain new matter constituting... | |
 | 1883 - 676 pages
...E. Crowett, for respt. Held, No error ; that assuming that defendant has a right of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, is not connected with the subject of the action and is not... | |
 | 1897 - 1148 pages
...trial, plaintiff objected to any evidence in support of the counterclaim, for the reason that such counterclaim did not arise out of the contract or transaction set forth in the petition, and did not exist at the time of the commencement of the suit. This objection was overruled,... | |
 | 1915 - 1230 pages
...second cause of counterclaim cannot be pleaded properly as such in tbls case because such facts do not arise out of the contract or transaction set forth in the complaint, and is not in any manner connected with the subject of action. It appears, only Inferentially possibly,... | |
 | 1913 - 1236 pages
...appeal Is taken. The ground upon which the demurrer was sustained seems to be that the cross-demand did not arise out of the contract or transaction set forth In the petition as the foundation of plaintiff's claim, and wa.s not connected with the subject of the action.... | |
 | 1884 - 1002 pages
...plaintiff alleges that the second count of theanswerdoesnot constitute a counter-claim, because it does not arise out of the contract or transaction set forth in the petition. Section 101 of the Code provides that the counterclaim must be one arising out of the contract... | |
 | Charles Theodore Boone - 1885 - 598 pages
...alleged in the original complaint.5 And although the defendant may have a right of action, if it does not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or is not connected with the subject of the action, or... | |
 | 1885 - 664 pages
...for respt. Held, That the matters stated were founded wholly in tort, and did not in any proper sense arise out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, nor were they connected with the subject of the action. Interlocutory... | |
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