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" The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of one of the following causes of action : "1. A cause of action... "
The American State Reports: Containing the Cases of General Value and ... - Σελίδα 915
επεξεργασία από - 1910
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 σελίδες
...constituting a defence or counter-claim, in ordinary and concise language, without repetition. § 150. The counter-claim mentioned in the last section, must...contract, and existing at the commencement of the action. The defendant may get forth, by answer, as many defences and counter-claims as he may have, whether...

Laws of the State of New York

New York (State) - 1852 - 836 σελίδες
...might be had r )]imTius":0 m t'ie acti°D5 an(l arising out of one of the following causes wn*.-.. of action: 1. A cause of action arising out of the...other cause of action arising also on contract, and exibtiug at the commencement of the action; The defendant may set forth by answer, as many defences...

The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 σελίδες
...arising out of the contract or transaction set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action...contract, and existing at the commencement of the action ; The defendant may set forth by answer, as many defences and counter-claims as he may have, whether...

Wisconsin Session Laws

Wisconsin - 1853 - 810 σελίδες
...following !,' , causes of action : 1. A cause of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's...contract and existing at the commencement of the action. iiay set forth g^,. 5(5, The defendant may set forth by answer as ground!/ rf many defences and counter...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 8

Nathan Howard (Jr.) - 1853 - 594 σελίδες
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause...contract, and existing at the commencement of the action. There is nothing in the defendant's answer resembling a counter-claim. The defendant in his answer...

The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 σελίδες
...sections 74, 150, 165, 346, 247. §150. [129.] (Amended 1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must...contract, and existing at the commencement of the action. The defendant may set forth by answer, as many defences and counter-claims as he may have, whether...

Reports of Cases Argued and Determined in the Superior Court of the ..., Τόμος 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 σελίδες
...in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several judgment might be had in the action, and arising...contract, and existing at the commencement of the action. These counter-claims may be such causes of action as have heretofore been denominated legal, or equitable,...

Wisconsin Session Laws

Wisconsin - 1856 - 334 σελίδες
...action arising pat pftlk^Jsontca^t 9^ traneaction set forth. in the, complaint,. as tfye fojundat^on pf the plaintiff's claim or connected with the subject...action arising .also on , contract and existing,. at ,th.:^ commencement of the a'ction. ...... May set forth SEO.,56,The defendant may .set ,Iprth by .auawer...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 14

Nathan Howard (Jr.) - 1857 - 614 σελίδες
...arising on contract, by the 149th snd 150th sections of the Code, the defendant may avail himself of any other cause of action arising also on contract, and existing at the commencement of tile action, by way of a counter-claim; whereas by the Revised Statutes the set off must be a demand...

Reports of Cases in Law and Equity in the Supreme Court of the ..., Τόμος 20

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 σελίδες
...out of one of the specified causes of action ; and the 2d subdivision provides that in an action upon contract any other cause of action, arising also on...contract, and existing at the commencement of the action, shall be a counter-claim. (Code, § 150.) The only restriction is that it must be one existing in favor...




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