 | Austin Abbott - 1857 - 608 σελίδες
...allowed by law, and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
 | John Norton Pomeroy - 1876 - 924 σελίδες
...other sort of cross-demand, aud which adopt the following formula in defining it : " The counterclaim must be one existing in favor of a defendant and against...plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising... | |
 | 1876 - 860 σελίδες
...transactions in connection with the same subject of action," and a counterclaim may be "a cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action." It is seldom that more than one cause... | |
 | Iowa. Supreme Court - 1876 - 784 σελίδες
...by the statute. It is not asserted that it is a counter-claim, which can only be a cause of action " arising out of the contract or transaction set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Rev., Sec. 2888. Allen v. Maddox.... | |
 | John Norton Pomeroy - 1876 - 908 σελίδες
...aside the verdict. After referring to § 150, the judge proceeds : " The counterclaim is to be a claim existing in favor of a defendant and against a plaintiff between whom a several judgwho are joint contractors and jointly liable, a separate judgment against one or more less than... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - 692 σελίδες
...still further information on the subject in the code. Section 0-i provides that the counterclaim " must be one existing in favor of a defendant and against...set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action." It is perhaps the latter part of the... | |
 | 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 - 1913 - 676 σελίδες
...2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant and against...judgment might be had in the action and arising out of one of the following causes of action: (1) A cause of action arising out of the transaction set forth... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 σελίδες
...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 - 1894 - 588 σελίδες
...Procedure which are applicable are as follows: Sec. 3227, 2 Comp. Laws, 1888. The counter-claim must be one in favor of a defendant and against a plaintiff, between...judgment might be had in the action, and arising out of one of the following causes of action: 1. A cause of action arising out of the transaction set forth... | |
 | 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 σελίδες
...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... | |
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A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 
