 | Wisconsin - Session laws - 1856 - 334 pages
...following causes of action : 1. A cause of action arising out of the contract or transaction pet forth in the complaint, as the foundation of the plaintiff's...connected with the subject of the action. 2. In an action arising on contract, any other cause ot action arising also on contract and existing at the commencement... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1857 - 722 pages
...the meaning of the first sub. of sec. 150 of the code. A counter claim is there defined to be, " A cause of action arising out of the contract or transaction...claim, or connected with the subject of the action." The counter claim attempted to be set up by the defendants is a cause of action arising out of the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1857 - 614 pages
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising out of the contract or transaction set forth...claim, or connected with the subject of the action." (Code, § 150, sub. 1.) And this court may grant to him " any affirmative relief to which he may be... | |
 | District of Columbia - Law - 1857 - 788 pages
...a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of the contract or transaction set forth...claim, or connected with the subject of the action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth arising upon contract, any other cause of action arising also upon contract, and existing at the commencement... | |
 | Austin Abbott - Civil procedure - 1858 - 610 pages
...of the 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...claim, or connected with the subject of the action. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial in a verified answer of the indorsers,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1858 - 616 pages
...a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the...complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor do they arise on contract. Third. The facts... | |
 | Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...Richards, 22 Barb., 143), although the defendant may recoup his damages, or set up a counter-claim on a cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. (Code, § 150, subdv. 1.) The defence... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 706 pages
...the distinct ground that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract, or transaction, set forth in...complaint, as the foundation of the plaintiff's claim, and is not connected with the subject of the action. The substantial ends of justice can never, in... | |
 | 1859 - 788 pages
...favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
| |
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. 
