 | New York (State) - 1852 - 606 strani
...(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... | |
 | Henry Whittaker - 1852 - 900 strani
...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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 strani
...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...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 as the foundation... | |
 | Nathan Howard (Jr.) - 1853 - 594 strani
...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 strani
...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... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 strani
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case ranges itself very... | |
 | New York (State) - 1855 - 802 strani
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203.... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 strani
...the Code is too clear and explicit to be misunderstood. The counter-claim mentioned 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 out of one of the following causes of action.... | |
 | Wisconsin - 1856 - 334 strani
...repetition. What const!- Sue 55. The counter claim mentioned in the last section, tcr"claim.Uim' muse be one existing in favor of a defendant and against...a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | William H. R. Wood - 1857 - 834 strani
...The counter claim mentioned in the last section [St. 1851, 57.] shall be one existing in favor of the defendant, and against a plaintiff, between whom a...causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
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A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,... 
