 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of...other, but the two demands must be deemed compensated, so far as they equal each other. § 649. The defendant may set forth by answer, as many defences and... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <i«ni»n<i«. such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under such circumstances, that if one had brought...other, but the two demands must be deemed compensated, so far as they equal each other." In the sense in which the term "cross-demands" is used in that section,... | |
 | District of Columbia - Law - 1857 - 788 pages
...plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under such circumstances that if one had brought an...other, but the two demands must be deemed compensated so far as they equal each other. SEC. 16. A set-off can only be pleaded in an action founded on contract,... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assiifnment... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...admitted. — Graham v. Dunniijan, 4 Abbott, 42G. 48. When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
 | Kansas - Law - 1858 - 482 pages
...up neither can be deprived of the benefit thereof by the assignassignments or r' r * • death. ment or death of the other ; but the two demands must be deemed compensated so far as they equal each other. matter in the answer.* un the answer all the material allegations... | |
 | Kansas - Session laws - 1859 - 726 pages
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had brought...other ; but the two demands must be deemed compensated so far as they equal each other. ' SEC. 109. The guardian of an infant or person of an unsound mind,... | |
 | Nebraska - Session laws - 1859 - 464 pages
...set-off. demands are to under such circumstances, that if one had brought an action peneated? °° m " against the other, a counter-claim or set-off could...of the benefit thereof, by the assignment or death or the other, but the two demands must be deemed compensated, so far as they equal each other. Guardian... | |
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When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment or death of... 
