 | District of Columbia - 1857 - 788 str.
...they may be intelligibly distinguished. SEC. 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant...judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,... | |
 | Kansas - 1858 - 482 str.
...answer. What the set SEC. 94, Q'hat the counterclaim mentioned in the last section off or counter ust be. must be one existing in favor of a defendant and against...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, or... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 str.
...commencement of the action, shall be a counter-claim. (Code, § 150.) The only restriction is that it must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. The present action is one of this kind as is expressly held in the case of The People v. Cram and White,... | |
 | California - 1858 - 320 str.
...shall be one ..fcrioO. existing in favor of the defendant, and against a plaintiff, between J .. 2.?0 whom a several judgment might be had in the action,...arising out of one of the following causes of action : the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action... | |
 | California, Henry Jacob Labatt - 1858 - 586 str.
...one existing in favor of the defendant or plaintiff, and against c ''"'" a plaintiff or defendant, between whom a several judgment might ^.\ be had in...the action and arising out of one of the following v* j\v causes of action : ,'t V 1 First — A cause of action arising out of the transaction set j... | |
 | Kansas - 1859 - 726 str.
...refer, in an intelligible manner, to the causes of action which they are intended to answer. SEC. 103. The counter-claim mentioned in the last section '"»«»•'«»•«...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, or... | |
 | California - 1860 - 388 str.
...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...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, as the... | |
 | Nathan Howard (Jr.) - 1861 - 618 str.
...existence of any such lien. By §150 of Code a counter claim is thus defined : " The counter claim mentioned in the last section must be one existing...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... | |
 | North Dakota - 1862 - 640 str.
...they are intended to answer. SECT. 91. The counter claim, mentioned in the last section, counterclaim, must be one existing in favor of a defendant and against...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, or... | |
 | Henry Whittaker - 1863 - 1154 str.
...A counter-claim under the Code must present the following characteristics, ie : It must be a claim existing in favor of a defendant, and against a plaintiff,...be had in the action, and arising out of one of the two following causes of action : 1. A cause of action, arising out of the contract or transaction set... | |
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Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor... 
