 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...Amended Cjde, § 149. § 646. The counterclaim mentioned in the last section, must bs one existing in favor of a defendant, and against a plaintiff,...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... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...language, without repetition. § 150. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...me in the views taken in the People agt. Cram and White. The counter claim is to be a claim existing in favor of a defendant and against a plaintiff, between...'whom a several judgment might be had in the action. This clearly indicates that there may be cases where the set off or counter claim may not be due to,... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...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... | |
 | District of Columbia - Law - 1857 - 788 pages
...distinguished. SEC. 13. The counter-claim mentioned in the last preceding section must be 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 complaint as the foundation of the... | |
 | Kansas - Law - 1858 - 482 pages
...94, Q'hat the counterclaim mentioned in the last section off or counter ust be. must be 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... | |
 | Kansas - Session laws - 1859 - 726 pages
...103. 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 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... | |
 | North Dakota - Session laws - 1862 - 640 pages
...answer. SECT. 91. The counter claim, mentioned in the last section, counterclaim, must be 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... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...counter-claim under the Code must present the following characteristics, ie : It must be a claim existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, and arising out of one of the two following causes of action : 1. A cause of action, arising out of... | |
 | Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...Section 646 provides that " The counterclaim mentioned in the last section must be one existing in favour of a 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 1st. — " A cause of action arising out... | |
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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. 
