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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. "
The Code of Civil Procedure: Of the State of California - Stran 109
avtor: California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 768 strani
Celotni ogled - O knjigi

Reports of Practice Cases, Determined in the Courts of the State ..., Količina 6

Austin Abbott - 1858 - 610 strani
...states a cause of action against the plaintiff, 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. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial in a verified answer of the indorsers,...
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The Merchants' Magazine and Commercial Review, Količina 40

1859 - 788 strani
...Code ? , The 1 50th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is...
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Merchants' Magazine and Commercial Review, Količina 40

1859 - 780 strani
...Code ? The 150th section warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set...claim, or connected with the subject of the action. (.Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is...
Celotni ogled - O knjigi

Merchants' Magazine and Commercial Review, Količina 40

1859 - 782 strani
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is...
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Hunt's Merchants' Magazine and Commercial Review, Količina 40

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - 804 strani
...warrants a counter claim in favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 strani
...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 the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or...
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Reports of Practice Cases, Determined in the Courts of the State ..., Količina 7

Benjamin Vaughan Abbott - 1859 - 580 strani
...the Code ? Section 150 warrants a counter-claim in favor of a defendant against a plaintiff, for a cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiffs' claim, or connected with the subject of the action. (§ 150, eubdiv. 1.) The Xenia Branch...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Količina 27

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 strani
...Clark v. Henry, 2 Cowen, 332.) If this answer does not set up a cause of action as a counter claim arising out of the transaction set forth in the complaint " as the foundation of the plaintiff's claim or Burns r. Nevins. connected with the subject of the action," I cannot imagine a case where an answer...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 strani
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant, between whom a several judgment might be had in the...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 or answer, as the...
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Practice Reports in the Supreme Court and Court of Appeals, Količina 10

Nathan Howard (Jr.) - 1860 - 616 strani
...defined, " 1st. A cause of action arising out of the contract or transaction set forth in the plaintiff's 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 of action arising also on contract," &c. A...
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