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" When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... "
Estee's Pleadings, Practice, and Forms: Adapted to Actions and Special ... - Strana 665
autor/autoři: Morris March Estee - 1898
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 str.
...he cannot afterwards maintain an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances,...the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two...
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The Code of Civil Procedure of the State of New York: Reported ..., Svazek 2

New York (State). - 1850 - 920 str.
...if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two demands must be deemed compensated, so far as they equal each other. § 649. The...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 str.
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <i«ni»n<i«. such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Svazek 1

Robert D. Handy, John H. Handy - 1855 - 638 str.
...assignment of his demand. This matter is accordingly regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under...brought an action against the other, a counterclaim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 str.
...set-off, he shall not recover costs against the plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under...brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 str.
...contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands nt, but if @ ! counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assiifnment...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 str.
...claim, are to be taken as admitted. — Graham v. Dunniijan, 4 Abbott, 42G. 48. When cross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...
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The Statutes of the Territory of Kansas

Kansas - 1858 - 482 str.
...permitted fendnnt tn lose ,..,«• his set off. to use it as a set-on. SEC. 99. That, when cross demands have existed between persons under such circumstances, that if one had brought an action Cross demands n- , or counter against the other, a counterclaim or set-off could have been set claims...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 str.
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 str.
...the counter claim, are to be taken as admitted. Graham v. Dunnigan, ib. 426. 48. When eross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...
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