 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 str.
...still further information on the subject in the code. Section 94 provides that the counterclaim •• must be one existing; in favor of a defendant and...judgment might be had in the action, and arising out uf the contract or transaction set forth in the petition as the foundation of the plaintiff 's claim,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1919 - 688 str.
...plaintiff, and until an accounting, would not be the subject of an action of law, it is not a counterclaim ' existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, ' within the purview of Code Civil Proc. Cal. 438, and is not valid." The same rule was applied by... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 str.
...Failure to Reply: Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between...a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the foundation... | |
 | Ohio - 1878 - 1364 str.
...of action which they are intended to answer. [Civil Code, §§ 84, 93, 8. & C. 968, 978-1 SEC. 16. The counterclaim, mentioned in the last section, must...favor of a defendant, and against a plaintiff, between wnom a several judgment might be had in the action, and arising out of the contract or transaction... | |
 | 1908 - 1282 str.
...connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must...plaintiff, between whom a several judgment might be had Jn the action, and arising out of one of the following causes of action: (1) A cause of action arising... | |
 | Benjamin Vaughan Abbott - 1879 - 1054 str.
...merits, and establishes his counter-claim also, he recovers judgment for the latter. A counter-claim must be one "existing in favor of a defendant and...plaintiff, between whom a several judgment might be bad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | 1912 - 1262 str.
..."SAME TRANSACTION." Code Civ. Proc. § 127, stibd. 1, provides that a counterclaim must be a claim existing in favor of a defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint... | |
 | California - 1880 - 864 str.
...sec. 4.59. Trespass—a.! Cal. 578; 49 CaL 598. Undue influence— see M о кто до к. § 438. The counter-claim mentioned in the last section must...causes of action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected... | |
 | California, Nathan Newmark - 1880 - 786 str.
...pleading, sec. 459. Trespass— 32 Cal. 57«; 49 Cal. 598. Undue influence— see MOHTOAGE. § 438. The counter-claim mentioned in the last section must...plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
 | 1887 - 1910 str.
...may contain "a statement of any new matter constituting a counter-claim/' which claim (section 72) "must be one existing in favor of a defendant, and...whom a several judgment might be had in the action." The first cause of demurrer is immaterial. This matter is not pleaded as a defense to the action, but... | |
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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... 
