 ... 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...  Lawyers' Reports Annotated - Page 2301905Full view - About this book
 | South Dakota. Supreme Court - Court rules - 1913 - 716 pages
...this case, are, substantially, as follows : Any litigant has the right to a set off or counterclaim in an action arising on contract, ' 'any other cause...contract and existing at the commencement of the action." And a little further along in the Code, relating to judgments, it provided that the court must give... | |
 | Edson Read Sunderland - Civil procedure - 1913 - 780 pages
...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, express or implied, and existing at the commencement of the action. 3. Where the plaintiff is a non-resident... | |
 | Edward Sampson Thurston - Quasi contracts - 1916 - 650 pages
...declaring what may be allowed as a counterclaim, provides, that a defendant may set up, "in an action on contract, any other cause of action arising also...contract, and existing at the commencement of the action." It appears by the case, that the referee rejected the defendants' claim, on the ground that the judgment... | |
 | Law reports, digests, etc - 1918 - 1212 pages
...contract, or transaction set forth in the complaint, as a foundation of the plaintiff's claim. (2) In an action arising on contract, any other cause...and existing at the commencement of the action. The defendant may set forth by answer as many defenses and counterclaims as he may have. They shall each... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1918 - 726 pages
...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...contract and existing at the commencement of the action." Comp. Laws 1913, § 7449. The counterclaim sought to be set up by defendants in this case did not arise... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1918 - 878 pages
...with the subject of the action; second, in an action arising on contract, any other cause ofaction arising also on contract, and existing at the commencement of the action. The defendant may set fortli by answer as many defenses and counterclaims as he may have, whether they... | |
 | Harry Augustus Bigelow - Personal property - 1919 - 768 pages
...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; or 2d, in an action arising on contract, any other cause...and existing at the commencement of the action. The demand of the defendant, set out in the answer, does not arise out of the contract set forth in the... | |
 | William Mark McKinney - Law - 1919 - 1548 pages
...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; * and in an action arising on contract, any other cause...on contract and existing at the commencement of the action.6 The clear intention of the framers of the codes was that the court in one action should settle... | |
 | William Mark McKinney, Burdett Alberto Rich - Law - 1919 - 1600 pages
...connected with the subject of the action ; 8 and in an action arising on contract, any other cau.^e of action arising also on contract and existing at the commencement of the action.6 The clear intention of the framors of the codes was that the court in one action should settle... | |
 | Electronic journals - 1924 - 1010 pages
...plaintiff's claim, or connected with the subject of the action," (2) in an action arising on contract, for "any other cause of action arising also on contract, and existing at the commencement of the action." SC Code of Civil Procedure. (1912) §200. Upon demurrer to the counterclaims, held, demurrer sustained.... | |
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