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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. "
The New York Code of Civil Procedure: As Amended by the Legislature to and ... - Page 147
by New York (State) - 1919 - 1635 pages
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...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...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 at the commencement...
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Laws of the State of New York

New York (State) - Session laws - 1852
...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 contract...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 at the commencement...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 pages
...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...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 at the commencement...
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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 - 590 pages
...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 arising out of the contract...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 Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1853
...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...claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853
...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...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 at the commencement...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 pages
...of the following causes of action : 1st. A cause of action arising out of the 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 upon contract, any other cause of action arising also upon contract, and...
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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 - 415 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...foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case ranges itself very...
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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
...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 out of the contract,...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 at the commencement...
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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 - 798 pages
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203....
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