 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1903 - 612 pages
...Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between •whom a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the foundation... | |
 | North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...Counter-claim. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment...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,... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1878 - 692 pages
...plaintiff is entitled, it is difficult to see how a mere money demand like this can be said to arise out of the transaction set forth in the complaint as the foundation of the plaintiff's claim r or be so connected with the subject of the action as to constitute the counter-claim denned in the... | |
 | New York (State) - 1879 - 436 pages
...be had in the 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...connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action. §... | |
 | Benjamin Vaughan Abbott - Law - 1879 - 1054 pages
..."existing in favor of a defendant and against a plaintiff, between whom a several judgment might be bad in 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 sot forth in the complaint as tlie foundation of the plaintiff's claim,... | |
 | Law reports, digests, etc - 1908 - 1282 pages
...defendant and against a plaintiff, between whom a several judgment might be had in the action, und arising out of one of the following causes of action: (1) A cause of action arising out oí the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,... | |
 | California, Nathan Newmark - Civil procedure - 1880 - 768 pages
...mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, betwecn whom a several judgment might be had in the action,...arising upon contract; any other cause of action arising aiso upon contract, and existing at the commencement of the action. Section— construction of, 26... | |
 | Jabez Franklin Cowdery - Bankruptcy - 1880 - 198 pages
...exempt by law from execution, whether (a) A counter-claim in cases prosecuted in superior courts is: 1. A cause of action arising out of the transaction...any other cause of action arising also upon contract aud existing at the commencement of the action: CCP, sec. 438. In justices' courts a counter-claim... | |
 | Jonathan Henry Jellett - Bankruptcy - 1880 - 394 pages
...allegations of the complaint. The counter-claim above mentioned must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. 2. In an action arising upon contract... | |
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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. 
