 | Nathan Howard (Jr.) - 1860 - 616 str.
...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 str.
...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 str.
...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... | |
 | New York (State) - 1863 - 1026 str.
...judgment might be had in "'"* the action, and arising out of one of the following causes of dl action : 1. A cause of action arising out of the contract or...set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | Thomas Berry Cusack Smith - 1863 - 140 str.
...of one of the following causes of action.'1 1st. — " A cause of action arising out of the conduct or transaction set forth in the complaint as the foundation...claim, or connected with the subject of the action." 2ndly. — " In an action arising on obligation, any other cause of action also arising on obligation,... | |
 | Henry Whittaker - 1863 - 1154 str.
...of an independent nature, and not arising out of the contract or transaction which forms the basis of the plaintiff's claim, or connected with the subject of the action, both it, and the claim in answer to which it is interposed, must be causes of action arising in contract.... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 str.
...of the plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, arising out of the contract or transaction set forth...claim, or connected with the subject of the action. NT Superior Ct., 1856, Allen ». Haskins, 5 Duer, 332. 320. To a complaint on a note, the answer of... | |
 | John Townshend - 1864 - 320 str.
...judgment might be had in the action, and arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or...complaint as the foundation of the plaintiff's claim, v or connected with the subject of the action ; ., 2. In an action arising on contract, any other cause... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 str.
...APPOINTMENT. COHBTITDTIONAL LAW, 248, 249. COUNSELLOR ATTORNEY AND CLIENT. COUNTER-CLAIM. out of — 1. A cause of action 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. 2. In an action arising... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1864 - 772 str.
...recovery upon it as upon contract where it is alleged in the answer u a tort 3. Nor is such a demand a cause of action arising out of the contract or transaction set forth as the foundation of plaintiffs' claim, or connected with the subject of the action within the meaning... | |
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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 ; 2. 
