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 arising on contract, any other cause of action arising also... Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 250by Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron - 1918Full view - About this book
| New York (State) - 1852 - 606 pages
...complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause...action ; The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated... | |
| Henry Whittaker - 1852 - 900 pages
...which the complaint is founded, or connected with the subject of the action ; or, 3, that in actions arising on contract, any other cause of action, arising...contract, and existing at the commencement of the action, may be so set up. Any claims, either legal or equitable, or both, to which the above definitions apply,... | |
| New York (State) - 1852 - 836 pages
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and exibtiug at the commencement of the action; The defendant may set forth by answer, as many defences... | |
| Wisconsin - 1853 - 810 pages
...complaint, as the foundation of the plaintiff's claim or connected with the subject of the action. 2. In an action arising on contract, any other cause...contract and existing at the commencement of the action. iiay set forth g^,. 5(5, The defendant may set forth by answer as ground!/ rf many defences and counter... | |
| Nathan Howard (Jr.) - 1853 - 594 pages
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause...contract, and existing at the commencement of the action. There is nothing in the defendant's answer resembling a counter-claim. The defendant in his answer... | |
| New York (State) - 1855 - 802 pages
...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause...action. The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated... | |
| John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract, any other cause...contract, and existing at the commencement of the action. These counter-claims may be such causes of action as have heretofore been denominated legal, or equitable,... | |
| Wisconsin - 1856 - 334 pages
...complaint,. as tfye fojundat^on pf the plaintiff's claim or connected with the subject of the action. '2. In an action arising on. contract, any other,...action arising .also on , contract and existing,. at ,th.:^ commencement of the a'ction. ...... May set forth SEO.,56,The defendant may .set ,Iprth by .auawer... | |
| Nathan Howard (Jr.) - 1857 - 614 pages
...arising on contract, by the 149th snd 150th sections of the Code, the defendant may avail himself of any other cause of action arising also on contract, and existing at the commencement of tile action, by way of a counter-claim; whereas by the Revised Statutes the set off must be a demand... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 pages
...out of one of the specified causes of action ; and the 2d subdivision provides that in an action upon contract any other cause of action, arising also on...contract, and existing at the commencement of the action, shall be a counter-claim. (Code, ยง 150.) The only restriction is that it must be one existing in favor... | |
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