 | New York (State) - 1855 - Liczba stron: 802
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203.... | |
 | Robert D. Handy, John H. Handy - 1855 - Liczba stron: 638
...Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it must have some direct connection with the cause of action, set forth in... | |
 | Wisconsin - 1856 - Liczba stron: 334
...against a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract or transaction pet forth in the complaint, as the foundation of the plaintiff's claim or connected with the subject... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - Liczba stron: 722
...the meaning of the first sub. of sec. 150 of the code. A counter claim is there defined to be, " A cause of action arising out of the contract or transaction...claim, or connected with the subject of the action." The counter claim attempted to be set up by the defendants is a cause of action arising out of the... | |
 | Nathan Howard (Jr.) - 1857 - Liczba stron: 614
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising out of the contract or transaction set forth...claim, or connected with the subject of the action." (Code, § 150, sub. 1.) And this court may grant to him " any affirmative relief to which he may be... | |
 | William H. R. Wood - 1857 - Liczba stron: 834
...against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | District of Columbia - 1857 - Liczba stron: 788
...the action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant... | |
 | 1857 - Liczba stron: 610
...It was a claim of the defendant Bloomer only. 3. It was not a cause of action on contract, nor one arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 4. That a several judgment could not be had between the... | |
 | Austin Abbott - 1858 - Liczba stron: 610
...of the plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, arising out of the contract or transaction set forth...claim, or connected with the subject of the action. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial in a verified answer of the indorsers,... | |
 | Nathan Howard (Jr.) - 1858 - Liczba stron: 616
...a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the...complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor do they arise on contract. Third. The facts... | |
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A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. 
