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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; or "2. "
The New York Supplement - Page 384
1913
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Reports of Cases Argued and Adjudged in the Superior Court of Cincinnati in ...

Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 pages
...counter-claim *to be one which '' arises out of the contract or transaction set forth in the petition, us the foundation of the plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it must have some Bsily c. City of Cincinnati. direct connection with the...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - 484 pages
...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...claim, or connected with the subject of the action. the payments upon the purchase money by counter-claim in the same action. Peareall n. Mayers, 64 —...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1878 - 462 pages
...defendants, between whom and the plain tifi separate judgment may be had in the action : 6 / H4f 3"ib — 1. A cause of action, arising out of the contract or transaction, ! forth in the complaint as the foundation of the plaintiff's claim, or en nected with the subject...
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The Northwestern Reporter, Volume 117

1908 - 1282 pages
...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 or transaction set forth ш the complaint as the foundation of the plaintiff's claim or connected with the subject of the action....
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The Northwestern Reporter, Volume 133

1912 - 1262 pages
...a defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, or connected with the subject of the action. Held that, '.vhere...
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Dictionary of Terms and Phrases Used in American Or English ..., Volume 1

Benjamin Vaughan Abbott - 1879 - 1054 pages
...whom a several judgment might be bad 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 transaction sot forth in the complaint as tlie foundation of the plaintiff's claim, or connected with the subject...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...in a proper case, against the person whom ho rep* resents, and in favor of the defendant, orof one or more defendants, between whom and the plaintiff...set forth in the complaint as the foundation of the plaintiff'* claim, or connected with the subject of the action. 2. In an action on contract, any other...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 13-14

1882 - 1916 pages
...one of the following causes of action: First, * Ileportwl by BF Rex, Esq., of the St. Louis bar. n cause of action 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; second,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 153-154

1907 - 2136 pages
...claim for damages was one "arising out of the contract or transaction set forth in the petition, ns the foundation of the plaintiff's claim, or connected with the subject of the action." In such sense ns to make it a proper counterclaim under Rev. St. Ohio 1006. $ r.<m!>. and therefore...
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Reports of Cases, Volume 84

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1881 - 812 pages
...143.) The claim of the defendants was a cause of action, not 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. The subject of the action was a fraud alleged to have been committed by the defendants upon the plaintiff,...
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