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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. "
The Code of Procedure of the State of New York, as Amended to 1867: With the ... - Strana 71
upravili: - 1867 - 292 str.
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Reports of Practice Cases, Determined in the Courts of the State ..., Svazek 10

Austin Abbott - 1872 - 576 str.
...Procedure, allowing defendant, in any action, to set up a counter-claim, proTided it be founded on a cause of action arising out of the contract or transaction set forth in the complaint, or be connected with tht subject of the action, — is not to be construed as authorizing a defendant,...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1164 str.
...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...claim, or connected with the subject of the action ; 2. la ad action arising on contract, any other cause of action arising also on contract, and existing...
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The Law of Remedies for Torts: Including Replevin, Real Action, Pleading ...

Francis Hilliard - 1873 - 852 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." 2 § 26. In an action by the mortgagee, against a receiver appointed in supplementary proceedings, for...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Svazek 2

William Wait - 1873 - 950 str.
...the action, and of which such defendant is the owner, 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. Chamboret v. Cagney, 2 Sweeny, 378 ; SC, 10 Abb. NS...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 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. ' ;/;£$ 1. A counter-claim must contain facts recognized by courts of law or equity as constituting...
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The Code of Civil Procedure of the State of California, Svazek 1

California - 1874 - 870 str.
...against the plaintiff. The cause of action set forth in the counter claim must arise either out of llio 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,...
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A Law Dictionary, Adapted to the Constitution: And Laws of the ..., Svazek 2

John Bouvier - 1874 - 746 str.
...and offset in force. In Missouri, for instance, the language seems rather broad. It may be for any "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." Mo....
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Reports of Cases Heard and Determined in the Supreme Court of the ..., Svazek 10

Marcus Tullius Hun - 1875 - 902 str.
...one existing in favor of a defendant against a plaintiff, between whom a several judgment may be had, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff" 's demand, or connected with the subject of the action, or a cause of FIKST DEPARTMENT,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Svazek 35

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 768 str.
...an answer clearly falls within the definition of a counterclaim as given in the code, being matter arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, and matter connected with the subject of the action. Johnson &...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 498 str.
...01 transaction set forth in the complaint, as the foundation of the plaintiff's claim, or counected with the subject of the action. 2. In an action arising...also on contract, and existing at the commencement ol the action. The defendant may set forth, by answer, as many defenses and counterclaims as he may...
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