 | Francis Hilliard - 1867 - 664 str.
...defendant may set up in defence a counter-claim for fraud in the sale. " The counter-claim . . . must bo 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... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 str.
..." existing in favor of the Defendant against the Plaintiff." The Code is express, that the claim " must be one existing in favor of a Defendant and against a Plaintiff" (Code, § 150 ; Vassear v. Livingston, 3 Kern. 248). The claim, as stated in the pleading, is in favor... | |
 | North Carolina. Supreme Court - 1878 - 760 str.
...without repetition.'' §100. And the counter claim itself is described in the next section, — " it must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
 | New York (State). - 1869 - 280 str.
...and aoncise Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | New York (State) - 1869 - 1002 str.
...section, must be one Answcr existing in favor of a defendent, and against a plaintiff, between whom mayn't a several judgment might be had in the action, and...of one {££*",. of the following causes of action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" forth in... | |
 | Thomas Whitney Waterman - 1869 - 800 str.
...citing Harlan v. Lumsden, 1 Duvall, Ky. R 86). As a counter-claim under the New York Code must exist in favor of a defendant and against a plaintiff between whom a several judgment may be had in the action, a claim of the defendant that the assignor of the plaintiff, at the time... | |
 | Austin Abbott - 1869 - 600 str.
...claim " existing in favor of the defendant against the plaintiff." The code is express that the claim " must be one existing in favor of a defendant and against a plaintiff" (Code, § 150 ; Vassear «. Livingston, 13 If. Y. [3 Kern.], 248). The claim, as stated in the pleading,... | |
 | Utah (Ter.) - 1870 - 162 str.
...language. SEC. 47. The counter claim mentioned in the last Section, shall be one existing in favor of the defendant and against a plaintiff, between whom a...arising out of one of the following causes of action: First — A cause of action arising out of the transaction Counter claim set forth in the complaint... | |
 | 1870 - 378 str.
...intelligibly distinguished. § 1 5O. (As am d in 1852.) The counterclaim mentioned in the leaf tection must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be had in tfte action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
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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... 
