 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.  Acts of the State of Ohio - Page 281by Ohio - 1900Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1860 - 730 pages
...demurrer properly overruled ? Any cause of action in favor of the defendant, which arises out of the transaction set forth in the petition, as the foundation of the plaintiff's claim, may be relied upon as a counter claim. A counter claim is substantially a cross action by the defendant... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...or some of them, against the plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the...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 - Civil procedure - 1850 - 898 pages
...action : 1. 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. In an action arising on obligation, any other cause of action arising also on obligation, and existing... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...mentioned in the last section, must b3 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 one of the following causes of action : 1. A cause of action, arising out of the contract or transaction... | |
 | Kentucky - Session laws - 1851 - 544 pages
...insufficient, defendant may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the...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 - Law - 1851 - 548 pages
...insufficient, defendant may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the...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... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 one of the following causes of action : 1. A cause of action, arising out of the contract or transaction... | |
 | New York (State) - Session laws - 1852 - 836 pages
...action: 1. 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. In an action arising on contract, any other cause of action arising also on contract, and exibtiug... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...language. Demurrer to complaint. 526 one existing in favor of the 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 : 1st. A cause of action arising out of the transaction set forth... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...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 the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract and existing... | |
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