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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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A Digest of New York Statutes and Reports: From the Earliest ..., Količina 4

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 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. NT Superior Ct., 1856, Allen ». Haskins, 5 Duer, 332. 320. To a complaint on a note, the answer of...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Količina 40

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1864 - 716 strani
...mentioned in that section, must, among other requisites which it is not material to consider, " arise out of one of the following causes of action : (1.) A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 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...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Količina 1

Austin Abbott - 1866 - 596 strani
...defendant for the price and value of the identical goods which are the subject of the action, is a cause of action arising out of the transaction set...complaint as the foundation of the plaintiff's claim, or is at least connected with the subject of the action, and SB strictly a counter-claim, within § 150...
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Practice Reports in the Supreme Court and Court of Appeals, Količina 30

Nathan Howard (Jr.) - 1866 - 618 strani
...defendant, for the price and value of the identical goods which are the subject of the action, is a cause of action arising out of the transaction set...complaint as the foundation of the plaintiff's claim, or is at least connected with the subject of the action, and is strictly a counter-claim, within section...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 strani
...defences. 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...and arising out of one of the following causes of actijn : 1. A cause of action arising out of the contract or transaction set forth in the complaint...
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The Law of Remedies for Torts, Or Private Wrongs

Francis Hilliard - 1867 - 664 strani
...counter-claim for fraud in the sale. " The counter-claim . . . must bo 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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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 strani
...•. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, ian of such infant, if he has one within this State ; if he has none, then to the infant himself oat of one of the following causes of action : — 1. A. cause of action arising out of the contract...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 strani
...claim, sever- existing in favor of a defendant, and ngainst a plaintiff, between whom a ai defences. several judgment might be had in the action, and arising...causes of action : 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the Plaintiff's claim,...
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