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" When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment or death of... "
The American Reports: Containing All Decisions of General Interest Decided ... - Σελίδα 311
των Isaac Grant Thompson - 1878
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 σελίδες
...persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of...other, but the two demands must be deemed compensated, so far as they equal each other. § 649. The defendant may set forth by answer, as many defences and...

The Code of Civil Procedure of the State of New York: Reported ..., Τόμος 2

New York (State). - 1850 - 920 σελίδες
...an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death...

Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 σελίδες
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <i«ni»n<i«. such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...

Reports of Cases Argued and Adjudged in the Superior Court of ..., Τόμος 1

Robert D. Handy, John H. Handy - 1855 - 638 σελίδες
...regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under such circumstances, that if one had brought...other, but the two demands must be deemed compensated, so far as they equal each other." In the sense in which the term "cross-demands" is used in that section,...

The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 σελίδες
...plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under such circumstances that if one had brought an...other, but the two demands must be deemed compensated so far as they equal each other. SEC. 16. A set-off can only be pleaded in an action founded on contract,...

Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 σελίδες
...commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assiifnment...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 σελίδες
...admitted. — Graham v. Dunniijan, 4 Abbott, 42G. 48. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment...

The Statutes of the Territory of Kansas

Kansas - 1858 - 482 σελίδες
...up neither can be deprived of the benefit thereof by the assignassignments or r' r * • death. ment or death of the other ; but the two demands must be deemed compensated so far as they equal each other. matter in the answer.* un the answer all the material allegations...

General Laws of the Territory of Kansas

Kansas - 1859 - 726 σελίδες
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had brought...other ; but the two demands must be deemed compensated so far as they equal each other. ' SEC. 109. The guardian of an infant or person of an unsound mind,...

Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 σελίδες
...set-off. demands are to under such circumstances, that if one had brought an action peneated? °° m " against the other, a counter-claim or set-off could...of the benefit thereof, by the assignment or death or the other, but the two demands must be deemed compensated, so far as they equal each other. Guardian...




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