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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 ; 2. "
Howard's Practice Reports: Containing Cases Under the Code of Civil ... - Page 321
by New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 63

New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action,...set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action: 2. In an action arising on obligation,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action...set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action,...set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract,...
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Laws of the State of New York

New York (State) - Session laws - 1852 - 836 pages
...might be had r )]imTius":0 m t'ie acti°D5 an(l arising out of one of the following causes wn*.-.. of action: 1. A cause of action arising out of the...set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - Civil procedure - 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...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 on contract,...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853 - 810 pages
...plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or connected with...
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The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - Law reports, digests, etc - 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...set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action...set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract,...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...plaintiff, between whom & several judgment might be had in the action, and arising out of one of the following causes of action. 1. A cause of action arising...set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract,...
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