 | Wyoming - 1874 - 302 strani
...counter-claim mentioned in the last section Couater-eiui.n. 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... | |
 | Ohio, George E. Seney - 1874 - 896 strani
...COUNTER-CLAIM. 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 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... | |
 | Isaac Grant Thompson, Robley D. Cook - 1874 - 784 strani
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant, against a plaintiff, between whom a several judgment might be had in the action, and arising out of the contract or transaction set out in the complaint as the foundation of plaintiff's claim, or connected... | |
 | California, Theodore Henry Hittell - 1876 - 986 strani
...SEC. 438. The counter-claim mentioned in the last section must be one existing in favor of a defendant ing, and either subscribed by or in the handwriting of the party to be charged also arising upon contract and existing at the commencement of the action. 10.439. When defendant omits... | |
 | John Norton Pomeroy - 1876 - 924 strani
...the formulas adopted in this group : " The 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 complaint [petition] as the foundation of the plaintiff's... | |
 | Wyoming - 1876 - 882 strani
...counter-claim mentioned in the last section must cmmter-ciain. 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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 strani
...are as follows: Sec. 3227, 2 Comp. Laws, 1888. The counter-claim must be one in favor of a defendant and against a plaintiff, between whom a several judgment...claim, or connected with the subject of the action. Section 3231, Id., as follows: Whenever the defendant seeks affirmative relief against any party relating... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913 - 676 strani
..."the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment...out of the transaction set forth in the complaint as the foundation of plaintiffs claim or connected with the subject of the action." (Italics ours.) The... | |
 | New York (State), William Wait - 1877 - 662 strani
...may be had in the 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...connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action. Code... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - 692 strani
...the code. Section 0-i provides that the 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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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. 
