 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.  The New York Supplement - Page 7171904Full view - About this book
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...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 transaction set...claim, or connected with the subject of the action; 2. In an action arising upon contract; any other cause of action arising also upon contract and existing... | |
 | California - Civil procedure - 1872 - 774 pages
...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 transaction set...plaintiff's claim, or connected with the subject of tho action. 2. In an action arising upon contract ; any other cause of action arising also upon contract... | |
 | California - Civil procedure - 1872 - 892 pages
...and the correlative undertakings of the defendants, are but parts of one contract. That contract is ' the transaction set forth in the complaint as the foundation of the plaintiff's claim,' and the counter claim pleaded 'arises out of that transaction,' and is 'connected • with the subject... | |
 | South Carolina - Constitutions, State - 1873 - 1164 pages
...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. la ad action arising on contract, any other cause of action arising also on contract, and existing... | |
 | New York (State), John Townshend - Civil procedure - 1873 - 960 pages
...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 arising also on contract, and existing... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...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 arising also on contract, and existing... | |
 | Abraham Clark Freeman - Judgments - 1873 - 590 pages
...instituted by himself. 3 By the recently adopted code of California, if the counterclaim arises ' ' out of the transaction set forth in the complaint as the foundation of the plaintiff's claim," or is "connected with the subject of the action" and the suit is in any other than a justice's court,... | |
 | Francis Hilliard - Remedies (Law) - 1873 - 852 pages
...of one of several defendants, to be set up in answer to the action ; but such counterclaim must be a cause of action arising out of the transaction set forth in the petition, or be connected with the subject of the action. Where the petition states the occupation... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. ' ;/;£$ 1. A counter-claim must contain facts recognized by courts of law or equity as constituting... | |
 | John Bouvier - Law - 1874 - 746 pages
...may be for any "cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim or connected with the subject of the action." Mo. Rev. Stat. 1855, 1233. This probably contemplates a recoupement in actions ex delicio as well as... | |
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