...the material allegations of the complaint controverted by the defendant. SEC. 238. The counter claim mentioned in the last section must be one existing...and arising out of 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...

...intelligible manner to the cause of action which they are intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must...judgment might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiffs claim, or...

...intelligible manner to the cause of action which they are intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must...judgment might be had in the action, and arising out oí the contract or transaction set forth in the petition as the foundation of the plaintiff's claim,...

...objection to its being set up as a defense by the appellant Beaudin. The statute says " the counterclaim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." Sections 2656 and 2657, RS 1878, provide that counterclaims may be such as were formerly legal or equitable,...

...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the...and arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set forth in the complaint or answer...

...action, which they are intended to answer. " Section 101 provides that "The counter-claim mentioned m the last section must be one existing in favor of...judgment 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,...

...aside the verdict. After referring to § 150, the judge proceeds: " The counter-claim is to be a claim existing in favor of a defendant and against a plaintiff...whom a several judgment might be had in the action. This clearly indicates that there may be cases where the set-off or counter-claim may not be due to...

...only mtt of the transact i'ni set forth in the complaint as the fwu-iidation of plaintiff's claim, but must be one existing in favor of a defendant and against a plaintiff betwecn whom a several judgment might be had in the action. [3] ID. — MATTERS OF DEFENSE — PRAYER...

...CODE, 1943. § 28-0714. Requisites o\ counterclaim. The counterclaim mentioned in section 28-0710 2 must be one existing in favor of a defendant and against...and arising out of one of the following causes of action : 1 . A cause of action arising out of the1 contract or transaction set forth in the complaint...

...constituting a defense or counterclaim; and § 6860. Rev. Codes 1905, requires such counterclaim to be one existing in favor of a defendant and against...and arising out of one of the following causes of action ill A cause of action arising out of the contract or transaction set forth in the complaint...