 A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...  The Code of Civil Procedure of the State of New-York - Stran 267avtor: New York (State). Commissioners on Practice and Pleadings - 1850 - 791 straniCelotni ogled - O knjigi
 | Wyoming - 1874 - 302 strani
...intended to answer. SEC. 92. The counter-claim mentioned in the last section Couater-eiui.n. must be. one existing in favor of a defendant, and against...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
...Hall, 1 Handy, 434. SEC. 94. COUNTER-CLAIM. The counter-claim, mentioned in the last section, must be one existing in favor of a defendant, and against...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 - 1874 - 870 strani
...against the plaintiff. The cause of action set forth in the counter claim must arise either out of llio contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,... | |
 | New York (State). Court of Appeals - 1874 - 732 strani
...Procedure. Taylor v. Root. By section 150, a counter-rliiim must be one, existing :.i favor of a dcfendan t and against a plaintiff, between whom a several judgment might be had in the action. As in the case of payment to one of the plaintiffs of his share in full or in part, the judgment might... | |
 | John Bouvier - 1874 - 746 strani
...and offset in force. In Missouri, for instance, the language seems rather broad. It may be for any "cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim or connected with the subject of the action." Mo.... | |
 | Marcus Tullius Hun - 1875 - 902 strani
...one existing in favor of a defendant against a plaintiff, between whom a several judgment may be had, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff" 's demand, or connected with the subject of the action, or a cause of FIKST DEPARTMENT,... | |
 | California, Theodore Henry Hittell - 1876 - 986 strani
...When counter-claim to be set up. SEC. 438. The counter-claim mentioned in the last section must be r some memorandum thereof, be in writing, and either...by or in the handwriting of the party to be charged the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | California - 1876 - 888 strani
...32 Cal.620;40 Cal. 100, 425. J 438. ($ 47.) The counter claim mentioned in the last section must bo one existing in favor of a defendant and against a...causes of action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
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