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; or "2. The New York Supplement - Page 3841913Full view - About this book
| New Jersey. Court of Chancery - 1903 - 930 pages
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject... | |
| Arkansas. Supreme Court - 1873 - 782 pages
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;... | |
| Kentucky - 1851 - 548 pages
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the... | |
| Kentucky - 1851 - 544 pages
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,... | |
| New York (State) - 1852 - 606 pages
...whom a several judgment might be liad 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 plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
| Nathan Howard (Jr.) - 1853 - 594 pages
...counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract or transaction...claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
| California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...of the following causes of action : 1st. A 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 : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
| Wisconsin - 1853 - 810 pages
...several judgment might be I; . 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 tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or connected with... | |
| New York (State). Supreme Court, John Anthon - 1854 - 442 pages
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case ranges itself very... | |
| New York (State) - 1855 - 802 pages
...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.... | |
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