 | Abraham Lansing - 1870 - 590 str.
...favor of the defendant and against the plaintiff, between whom a several judgment might be had in the action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, and connected with the subject of the action. Again, as the plaintiff's action arises on contract,... | |
 | Utah (Ter.) - 1870 - 162 str.
...causes of action: First — A cause of action arising out of the transaction Counter claim set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. Second — In an action arising upon contract, any other cause of action arising also upon contract... | |
 | Wyoming - 1870 - 808 str.
...might bo 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- omi».:onit.^ vhtim or set-off, he cannot recover... | |
 | 1883 - 548 str.
...evict ¡ou averred in the answer. Assuming that defendant has a cause of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, nor is it connected with the subject of the action, nor is it a... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 str.
...would seem to be_ clearly within the statute, and must be allowed ; but if the latter, then it is not a cause of action arising out of the contract or transaction set forth as the foundation of the plaintiff's claim, nor connected with the subject of the action, and must... | |
 | Nathan Howard (Jr.) - 1871 - 704 str.
...defendant is the owner (Lafarge agt. Kclsey, 1 Bosw., 171), provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. (Code, $ 150, subd. 1.) Formerly the rule was that... | |
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 str.
...defendants made an attempt to sustain it under the second subdivision of section 150, which provides that in an action arising on contract any other cause of action arising also on contract may be set up as a counter-claim, and argued that they had a right to waive the tort and proceed upon... | |
 | California - 1872 - 892 str.
...counter claim against the plaintiff. The cause of action set forth in the counter claim must arise either out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,... | |
 | California - 1872 - 774 str.
...one of the following causes of action : 1. A 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 tho action. 2. In an action arising upon contract ; any other cause of action arising also upon contract... | |
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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. 
