 | California - Civil procedure - 1872 - 774 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 arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | South Carolina - Constitutions, State - 1873 - 1164 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. la ad action arising on contract,... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...the action, and of which such defendant is the owner, provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. Chamboret v. Cagney, 2 Sweeny, 378 ; SC, 10 Abb. NS... | |
 | John Bouvier - Law - 1874 - 746 pages
...and offset in force. In Missouri, for instance, the language seems rather broad. It may be for any "cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim or connected with the subject of the action." Mo.... | |
 | California - Civil procedure - 1874 - 870 pages
...against the plaintiff. The cause of action set forth in the counter claim must arise either out of llio contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1875 - 902 pages
...one existing in favor of a defendant against a plaintiff, between whom a several judgment may be had, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff" 's demand, or connected with the subject of the action, or a cause of FIKST DEPARTMENT,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1875 - 768 pages
...an answer clearly falls within the definition of a counterclaim as given in the code, being matter arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, and matter connected with the subject of the action. Johnson &... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action...contract or transaction set forth in the complaint [petition] as the foundation of the plaiatiff's claim, or connected with the subject of the action... | |
 | Austin Abbott - Civil procedure - 1872 - 620 pages
...150, now regulates this matter. The section has two subdivisions. It permits to be counter-claimed — 1. A cause of action arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 2. In an action on contract any other cause of action... | |
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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. 
