 | California, Nathan Newmark - 1880 - 768 str.
...pleading, sec. 459. Trespass— 32 Cal. 578; 49 Cal. 598. Undue influence— sec MORTGAGE. § 438. The counter-claim mentioned in the last section must...existing in favor of a defendant and against a plaintiff, betwecn whom a several judgment might be had in the action, and arising out of one of the following... | |
 | 1882 - 1916 str.
...following provisions, viz. : " The counter-claim * * * must be one existing in favor of a defendant und against a plaintiff, between whom a several judgment might be had in tlie action, and arising out of one of the following causes of action: First, * Ileportwl by BF Rex,... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 str.
...repetition. SEC. 173. The counter claim mentioned in the last Section must Counter . . , , claim. Several be one existing in favor of a defendant, and against a plaintiff, defences, between whom a several judgment might be had in the action, and . . „ 10-465, 185, arising... | |
 | Idaho (Ter.) - 1881 - 588 str.
...the material allegations of the complaint controverted by the defendant. SEC. 238. The counter claim mentioned in the last section must be one existing...causes of action: 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | Nebraska, Guy Ashton Brown - 1881 - 838 str.
...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... | |
 | Nebraska, Guy Ashton Brown - 1881 - 842 str.
...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,... | |
 | United States. Department of State - 1882 - 260 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... | |
 | Isaac Grant Thompson - 1883 - 958 str.
...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,... | |
 | John Norton Pomeroy - 1883 - 870 str.
...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... | |
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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... 
