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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
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Practice Reports in the Supreme Court and Court of Appeals, Količina 21

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...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

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...
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Session Laws

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...
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Law Reform

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...
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Practice and Pleading in Actions in the Courts of Record in the ..., Količina 2

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...
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Statutes at Large of the State of New York: Comprising the ..., Količina 5

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,...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

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...
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Laws of the Territory of Idaho

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...
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Laws of the Territory of Idaho

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...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

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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