 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 one of the following causes of action : 1.  The Codes and Statutes of the State of California - Stran 969avtor: California, Theodore Henry Hittell - 1876 - 1861 straniCelotni ogled - O knjigi
 | Ohio, George E. Seney - 1874 - 896 strani
...Section 93 of the Code is limited by section 97. Evans v. Hall, 1 Handy, 434. SEC. 94. COUNTER-CLAIM. The counter-claim, mentioned in the last section,...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... | |
 | Wyoming - 1874 - 302 strani
...they are 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...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... | |
 | John Norton Pomeroy - 1876 - 924 strani
...the text or in the notes. The following definition has been adopted in a majority of the States : " The counterclaim mentioned in the last section must...causes of action: 1. A cause of action arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's... | |
 | John Norton Pomeroy - 1876 - 908 strani
...with the second subdivision. The following are the formulas adopted in this group : " The counterclaim 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 complaint [petition] as the foundation of the plaintiff's... | |
 | Wyoming - 1876 - 882 strani
...are intended to answer. SEC. 92. The counter-claim mentioned in the last section must cmmter-ciain. 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... | |
 | Austin Abbott - 1857 - 608 strani
...allowed by law, and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
 | 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
...Section 2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant...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... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - 692 strani
...still further information on the subject in the code. Section 0-i provides that the counterclaim " 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. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 strani
...still further information on the subject in the code. Section 94 provides that the counterclaim •• must be one existing; in favor of a defendant and...judgment might be had in the action, and arising out uf the contract or transaction set forth in the petition as the foundation of the plaintiff 's claim,... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 strani
...at the same time, a plaintiff and defendant. Francis r. Edwards, 77—271. 2 101. — Counter-claim. The counter-claim mentioned in the last section, must...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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