 | North Carolina. Supreme Court - 1878 - 760 pages
...without repetition.'' §100. And the counter claim itself is described in the next section, — " it must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
 | New York (State). - 1869 - 280 pages
...and aoncise Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | Thomas Whitney Waterman - 1869 - 800 pages
...13Wis. 522). Under the code of Wisconsin, sub. 2, sects. 10 & 11, ch. 125, the counter-claim must exist in favor of a defendant and against a plaintiff, between...a several judgment might be had in the action, and must arise out of one of the following causes of action : 1st. A cause of action arising out of the... | |
 | New York (State) - 1869 - 1002 pages
...section, must be one Answcr existing in favor of a defendent, and against a plaintiff, between whom mayn't a several judgment might be had in the action, and...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... | |
 | New York (State), John Townshend - 1870 - 896 pages
...(Am'd 1849, 1852.) Counter-claim. Several defenees. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...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,... | |
 | 1870 - 288 pages
...existing in favor of a defendant. and against a plaintiff, hetween whom a several jndgment might he had in the action, and arising out of one of the following...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... | |
 | Utah (Ter.) - 1870 - 162 pages
...language. SEC. 47. The counter claim mentioned in the last Section, shall be one existing in favor of the defendant and against a plaintiff, between whom a...arising out of one of the following causes of action: First — A cause of action arising out of the transaction Counter claim set forth in the complaint... | |
 | Charles W. Langdon - 1870 - 858 pages
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the...arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth in the complaint or answer, as the... | |
 | 1870 - 378 pages
...intelligibly distinguished. § 1 5O. (As am d in 1852.) The counterclaim mentioned in the leaf tection must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be had in tfte action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
 | Abraham Lansing - 1870 - 590 pages
...in law, a claim against the plaintiff individually. This is the test. It must be a claim or demand " existing in favor of a defendant, and against a plaintiff,...whom, a several judgment might be had in the action." (Code, § 150.) It was not a demand against the plaintiff alone, but against the plaintiff, and another,... | |
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A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,... 
