 | New York (State). - 1850 - 920 σελίδες
...what is intended. Amended C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against...causes of action : 1. A cause of action, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim,... | |
 | New York (State) - 1852 - 606 σελίδες
...(Amended 1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | Nathan Howard (Jr.) - 1852 - 576 σελίδες
...under the Code. The counter claim allowed by the Code in an action not arising on contract, must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim or be connected with the subject of the action. Bogardus agt. Parker, 303. COUNTY CLERK'S office, see... | |
 | Henry Whittaker - 1852 - 900 σελίδες
...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | New York (State) - 1852 - 836 σελίδες
...without repetition. A wTwai § 150.' The counter-claim mentioned in the last section, ITO£'"W "id must be one existing in favor of a defendant, and against a iriSus"!™ plaintiff, between whom a several judgment might be had r )]imTius":0 m t'ie acti°D5 an(l... | |
 | Nathan Howard (Jr.) - 1853 - 594 σελίδες
...intended to answer. Now it defines what the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and...whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | Wisconsin - 1853 - 810 σελίδες
...repetition. What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 σελίδες
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising... | |
 | New York (State) - 1854 - 338 σελίδες
...Commissioners on practice and pleading (1850) pp. 267-9. " The counter-claim allowed by the code must arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or be connected with the subject of the action." In the case of a widow suing to recover her dower in... | |
 | New York (State) - 1855 - 802 σελίδες
...(Amended 1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...causes of action : 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,... | |
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... 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 be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment... 
