 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 páginas
...plaintiff's claim or demand for damages," may not all bo expressed in section 0O, thus: "a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them." "When the sections are carefully compared, it... | |
 | Thomas Whitney Waterman - 1869 - 800 páginas
...code has extended this right to actions of tort is that the first subdivision of section 150 allows a cause of action arising out of the contract or transaction set forth in the complaint to be the subject of a counter-claim. But the introduction of the word transaction is scarcely sufficient... | |
 | North Carolina. Supreme Court - 1875 - 720 páginas
...hereafter but one form of action," &c. CCP sec. 12. BITTISG t>. THAXTON. A counter claim must be " a cause of action arising out of the contract, or transaction set forth in tho complaint, as the foundation of the plaintiff's claim, or connected wjth the subject of tho action."... | |
 | New York (State) - 1869 - 1002 páginas
...had in the action, and arising out of one {££*",. of the following causes of action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" forth in the complaint, as the foundation of the plaintiff's claim, or ' connected with the... | |
 | 1870 - 288 páginas
...whom a several jndgment might he 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...complaint, as the foundation of the plaintiff's claim, or counected with the suhject of the action. 2. In an action arising on contract, any other cause of action... | |
 | New York (State), John Townshend - 1870 - 896 páginas
...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 contract...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 on contract,... | |
 | Abraham Lansing - 1870 - 590 páginas
...favor of the defendant and against the plaintiff, between whom a several judgment might be had in the action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, and connected with the subject of the action. Again, as the plaintiff's action arises on contract,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 páginas
...would seem to be_ clearly within the statute, and must be allowed ; but if the latter, then it is not a cause of action arising out of the contract or transaction set forth as the foundation of the plaintiff's claim, nor connected with the subject of the action, and must... | |
 | 1883 - 548 páginas
...evict ¡ou averred in the answer. Assuming that defendant has a cause of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, nor is it connected with the subject of the action, nor is it a... | |
 | Nathan Howard (Jr.) - 1871 - 704 páginas
...defendant is the owner (Lafarge agt. Kclsey, 1 Bosw., 171), provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. (Code, $ 150, subd. 1.) Formerly the rule was that... | |
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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. In an action on contract, any other cause of action on contract existing... 
