 | Arkansas. Supreme Court - 1873 - 782 pages
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...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....subject of the action: 2. In an action arising on obligation, any other cause of action arising also on obligation, and existing at the commencement... | |
 | Kentucky - 1851 - 544 pages
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,... | |
 | Kentucky - 1851 - 548 pages
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the... | |
 | Nathan Howard (Jr.) - 1853 - 594 pages
...counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract or transaction...claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...of the following causes of action : 1st. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 pages
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case ranges itself very... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 pages
...Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it must have some direct connection with the cause of action, set forth in... | |
 | Wisconsin - 1856 - 334 pages
...following causes of action : 1. A cause of action arising out of the contract or transaction pet forth in the complaint, as the foundation of the plaintiff's...In an action arising on contract, any other cause ot action arising also on contract and existing at the commencement i if the action. May set forth... | |
 | Nathan Howard (Jr.) - 1857 - 614 pages
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising out of the contract or transaction set forth...claim, or connected with the subject of the action." (Code, § 150, sub. 1.) And this court may grant to him " any affirmative relief to which he may be... | |
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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. 
