 ... so as to enable the court to pronounce a final judgment in the same action both on the original and on the cross-claim (z).  Parliamentary Papers - Page 48by Great Britain. Parliament. House of Commons - 1873Full view - About this book
 | Law - 1896 - 866 pages
...right or claim whether sounding in damages or not. and such counterclaim shall have the same effect as a cross action, so as to enable the court, to pronounce...action, both on the original and on the cross claim. This is a salutary rule and one which prevents the injustice permitted by our absurd rule that a counterclaim... | |
 | Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...set-off or counter-claim sound in damages or not, and snch set-off or counter-claim shall have the same effect as a statement of claim in a cross action,...in the same action, both on the original and on the cross-claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in... | |
 | Law reports, digests, etc - 1883 - 682 pages
...counterclaim shall have the same effect as a statement of claim in t cross- action, so as to enable the coon to pronounce a final judgment in the same action. both on the original and on the cross-claim.' And Order XXII., r. 10, says : " Where in anj action a set-off or counter-claim is established... | |
 | Henry John Stephen - Law - 1874 - 726 pages
...to the plea of "not guilty" mind that it is not eeery aetion the by statute, see Edwards r. Hodges, as a statement of claim in a cross action, so as to...action, both on the original and on the cross claim; and where the set-off or counter-claim is established, the court may, if the balance be in favour of... | |
 | Wynne E. Baxter - Civil procedure - 1874 - 452 pages
...claim may sound in damages or not, RP 20, p. 72. such sct off or counter claim shall have the same effect as a statement of claim in a cross action, so as to enable the Ct. to pronounce a final judgment in the same action both on the original and on the cross claim, RP... | |
 | William Downes Griffith - Civil procedure - 1875 - 700 pages
...counter-claim sound in liquid or not. damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action,...the Court or a Judge' may, on the application of the Court may replaintiff before trial, if in the opinion of the Court or Judge [me, pe»»isf "l r, ,.... | |
 | Sir William Thomas Charley - Civil procedure - 1875 - 754 pages
...comit.-rc!aitn sound in damages or not, and such set-off or ci,i:nter-alaim shall have th,' same efeet as a statement of claim in a cross action, so as to...original and on the cross claim. But the Court or » Judge may, on the application of the plaintiff before trial, if in the opinion of tht Court or Judge... | |
 | Law - 1876 - 516 pages
...XL., rule 11. The 3rd rule permits a defendant to set-off, by way of counterclaim, any right or claim, so as to enable the court to pronounce a final judgment...action, both on the original and on the cross claim. Where a solicitor took a mortgage of building property from his client, a builder, to secure money... | |
 | William Blackstone - Law - 1877 - 640 pages
...such set-off or counter-claim sound in damages or not ; and such set-off or counter-claim has the same effect as a statement of claim in a cross action,...action, both on the original and on the cross claim. If the defendant's answer on the merits be neither a set-off nor a counter- claim, he must state some... | |
 | Great Britain. High Court of Justice. Exchequer Division - Law reports, digests, etc - 1877 - 524 pages
...such set-off or counter-claim shall have the same effect as a statement of claim in a cross-action, so as to enable the Court to pronounce a final judgment...in the same action, both on the original and on the crossclaim." The cross-actions must be brought against the two plaintiffs separately, and not jointly.... | |
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