 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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,... | |
 | Nevada. Supreme Court - 1868 - 630 strani
...forty-seventh section of the Civil Practice Act it is provided that a counter claim must be — " First — A cause of action arising out of the transaction set forth in the complaint or answer, as the foundation of the plaintitf's claim or defendant's defense connected with the subject... | |
 | New York (State) - 1869 - 1002 strani
...section, must be one Answcr existing in favor of a defendent, and against a plaintiff, between whom mayn't a several judgment might be had in the action, and...of one {££*",. of the following causes of action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" forth in... | |
 | Thomas Whitney Waterman - 1869 - 800 strani
...of Wisconsin, sub. 2, sects. 10 & 11, ch. 125, the counter-claim must exist in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and must arise out of one of the following causes of action : 1st. A cause of action arising out of the... | |
 | North Carolina. Supreme Court - 1878 - 760 strani
...claim itself is described in the next section, — " it must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
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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. 
