 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
 | Benjamin Vaughan Abbott - 1859 - 580 pages
...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... | |
 | 1859 - 788 pages
...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... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - 804 pages
...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... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 pages
...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 - 782 pages
...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 - 726 pages
...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 - 616 pages
...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... | |
 | Nathan Howard (Jr.) - 1861 - 618 pages
...judgment might be had in the action, and arising out of one of the following causes of action : 1st. A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of Biuell agt. I'earsc. the plaintiff's claim, or connected with the subject of the... | |
 | North Dakota - 1862 - 640 pages
...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. SECT. 92. If the defendant omit to set up the counter ^"^"e1™' claim or set-off, he cannot recover... | |
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