| New York (State). - Civil procedure - 1850 - 920 pages
...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 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... | |
| Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 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... | |
| New York (State) - Civil procedure - 1852 - 606 pages
...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 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,... | |
| Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...the first and second subdivisions of section 150, a counter-claim is, 1st, 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. 2d. In an action arising on contract, any other cause of... | |
| New York (State). Supreme Court, John Anthon - Law reports, digests, etc - 1854 - 442 pages
...Code of Procedure. This counter claim is defined therein as follows : " 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 suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case... | |
| John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...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 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... | |
| New York (State) - Civil procedure - 1855 - 802 pages
...of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction set forth in the...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.... | |
| Civil procedure - 1857 - 610 pages
...statute have extended the right of the defendant by way of counter-claim, to any cause of action arising out of the contract or transaction set forth in the complaint as the cause of action ; or connected with the subject of the action ; as well as to any other causes... | |
| District of Columbia - Law - 1857 - 788 pages
...action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant... | |
| Austin Abbott - Civil procedure - 1858 - 610 pages
...plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, 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. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial... | |
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