 | California, Henry Jacob Labatt - 1858 - Liczba stron: 586
...upon contract; any other cause of action arising also upon contract and existing at the com--. • ч the complaint as the foundation of the plaintiff's...claim, or connected •with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
 | Kansas - 1858 - Liczba stron: 482
...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. When costs in SEC. 95. That if the defendant omit to set up the countersuch oase can- . ii • -IT... | |
 | Benjamin Vaughan Abbott - 1859 - Liczba stron: 580
...Richards, 22 Barb., 143), although the defendant may recoup his damages, or set up a counter-claim on a cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. (Code, § 150, subdv. 1.) The defence... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - Liczba stron: 804
...favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | 1859 - Liczba stron: 788
...favor of a defendant against a plaintiff, fora 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. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - Liczba stron: 706
...the distinct ground that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract, or transaction, set forth in...complaint, as the foundation of the plaintiff's claim, and is not connected with the subject of the action. The substantial ends of justice can never, in... | |
 | 1859 - Liczba stron: 782
...favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Kansas - 1859 - Liczba stron: 726
...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. SEC. 104. If the defendant omit to set up the counter-claim Sfl^V.oSta"'" or set-off, he cannot recover... | |
 | Nathan Howard (Jr.) - 1860 - Liczba stron: 616
...the tenant from such a trespass. The counter-claims which the Code authorizes are defined, " 1st. A cause of action arising out of the contract or transaction set forth in the plaintiff's complaint as the foundation of the plaintiff's claim, or connected with the subject of... | |
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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. 
