| Nathan Howard (Jr.) - 1861 - 618 strani
...defined : " The counter claim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment...arising out of one of the following causes of action : 1st. A cause of action arising out of the contract or transaction, set forth in the complaint as... | |
| Joseph S. Bosworth, New York (State). Superior Court (New York) - 1861 - 740 strani
...they make such a case as ia defined by subdivision 1 of section 150 of the Code. Do they constitute a cause of action arising out of the transaction " set forth in the complaint as the foundation of the plaintiffs claim?" The whole transaction set forth in the complaint as the foundation of the plaintiff's... | |
| North Dakota - 1862 - 640 strani
...counter claim, mentioned in the last section, counterclaim, 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... | |
| Thomas Berry Cusack Smith - 1863 - 140 strani
...that " The counterclaim mentioned in the last section must be one existing in favour of a defendant, and against a plaintiff, between whom a several judgment...and arising out of one of the following causes of action.'1 1st. — " A cause of action arising out of the conduct or transaction set forth in the complaint... | |
| Henry Whittaker - 1863 - 1154 strani
...must present the following characteristics, ie : It must be a claim existing in favor of a defendant, and against a plaintiff, between whom a several judgment...be had in the action, and arising out of one of the two following causes of action : 1. A cause of action, arising out of the contract or transaction set... | |
| New York (State) - 1863 - 1026 strani
...mentioned in the last section, most be one existing in favor of a defendant, and against a fortl» «• plaintiff, between whom a several judgment might be...and arising out of one of the following causes of dl action : 1. A cause of action arising out of the contract or transaction set forth in the complaint,... | |
| California - 1863 - 756 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... | |
| Idaho - 1864 - 734 strani
...47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a several judgment...arising out of one of the following causes of action: First. A cause of action arising out of the transaction set forth in the complaint .or answer, as the... | |
| Idaho (Ter.) - 1864 - 762 strani
...47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a several judgment...arising out of one of the following causes of action: First. A cause of action arising out of the transaction set forth in the complaint or answer, as the... | |
| John Townshend - 1864 - 320 strani
...repetition. § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. CODE OF PBOCEDt1RE. whom a several judgment might be had in the action,...arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or transaction/^ ., -set forth in the complaint... | |
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