| Law reports, digests, etc - 1881 - 676 pages
...These sections are not to be limited by mere construction to actions of foreclosure, partition aud similar actions of a purely equitable character, for...that a defendant may set forth in his answer as many defences or counterclaims, or both, as he has, whether they were such as were formerly denominated... | |
| Law reports, digests, etc - 1920 - 1148 pages
...the absence of a plea of that nature in the answer. Section 6549 of the Revised Codes is as follows: "A defendant may set forth in his answer as many defenses...or counterclaims, or both, as he has, whether they are such as were formerly denominated legal or equitable. Each defense or counterclaim must be separately... | |
| Civil procedure - 1887 - 656 pages
...Code, he might not pursue that course if he thought proper so to do. Section 507 expressly provides that a defendant may set forth in his answer as many...or counter-claims, or both, as he has, whether they are such as were formerly denominated legal or equitable, and the coun[*] ter-claim interposed may... | |
| Law reports, digests, etc - 1915 - 1288 pages
...leave to strike out the defense. Held, that this was error, as under Code Civ.- Proc. § 507, providing that a defendant may set forth in his answer as many defenses or counterclaims, or both, as he may have, the objection of inconsistency between such • defenses or counterclaims is not available.... | |
| Law reports, digests, etc - 1889 - 1064 pages
...by the provisions of section 507 of the Code of Civil Procedure, which provides that the détendant may set forth in his answer as many defenses or counter-claims, or both, as he has, whether they are such as were formerly denominated legal or equitable, he should be permitted in this action to... | |
| Law reports, digests, etc - 1891 - 1076 pages
...payment. When we come to the counter-claim, we find no such allegation. It is a familiar rule o¡ pleading that a defendant may set forth in his answer as many defenses or counter-claims as he chooses; but it is equally well settled that each defense or counter-claim must be separately... | |
| Law reports, digests, etc - 1894 - 1288 pages
...and it should have been permitted to prove the facts alleged. Section 4915, Сотр. Laws, provides that a defendant may set forth In his answer as many defenses as he may have. The only restriction made upon this right is that they must be separately stated, and... | |
| New York (State) - 1895 - 1154 pages
...§ 507. Defendant may interpose several defenses or counter-claims. [AMENDED BY Cii. 542 OP 187'.).] t, are such as were formerly denominated legal or equitable. Each defence or counterclaim must be separately... | |
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898 - 744 pages
...erroneous; That section 507 of the Code of Civil Procedure, as amended in 1879, permits a defendant to set forth in his answer "as many defenses or counterclaims, or both, as he has " without regard to their consistency. APPEAL by the defendant, George M. Pierce, from an order of... | |
| New York (State). Commissioners of Statutory Revision - Civil procedure - 1900 - 892 pages
...[Code, § 506, without change.] § 149. Defendant may interpose several defenses or counterclaims. — A defendant may set forth in his answer as many defenses...or counterclaims, or both, as he has, whether they are euch as were formerly denominated legal or equitable. Each defence or counterclaim must be separately... | |
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