 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1884 - 658 pages
...demurrer. It is a distinct ground of demurrer under the Code, that the counter-claim does not disclose 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 (Sec. 495, subd. 4; sec. 501, subd. 1).... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1884 - 860 pages
...cause of acfinn, recoupment or equity arising out of the several contracts or transactions set fortli in the complaint, " as the foundation of the plaintiff's...claim, or connected with the subject of the action," for the assignor's imputed official misconduct is a matter altogether distinct and separate from his... | |
 | Law reports, digests, etc - 1918 - 1214 pages
...whom a several judgment might be had ta 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, u the foundation of the plaintiffs claim ; (2) Ь an action arising on contract, any other cause of... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1885 - 672 pages
...knowledge required by this exacting provision. A counter-claim must be one of the two following causes of action : 1. A cause of action arising out of the contract...set forth in the complaint as the foundation of the plaintiffs claim or connected with the subject of the action. 2. In an action on contract, any other... | |
 | Charles Theodore Boone - Code pleading - 1885 - 598 pages
...the original complaint.5 And although the defendant may have a right of action, if it does not arise out of the contract or transaction set forth in the...complaint, as the foundation of the plaintiff's claim, or is not connected with the subject of the action, or i» not a cause of action on contract, it cannot... | |
 | Nevada - Law - 1885 - 1332 pages
...the following causes of action : First — A 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. Second — In im action arising upon contract, any other cause of action arising also upon contract... | |
 | Morris March Estee - Civil procedure - 1885 - 880 pages
...of section 438, the counterclaim may be " a 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." The distinction between counter-claims and cross-complaints would be of little importance, were it... | |
 | Law reports, digests, etc - 1886 - 880 pages
...between whom a separate judgment might be had in the action, and arising out of the following causes of action: 1. "A cause of action arising out of the contract...claim, or connected with the subject of the action." Now, this is what would have been previously allowed by way of recoupment, and it neither enlarges... | |
 | Law reports, digests, etc - 1911 - 1172 pages
...test. That provision authorizes the pleading as a counterclaim, other conditions being satisfied, of "a cause of action arising out of the contract or transaction...plaintiff's claim, or connected with the subject of action." Рошегоу on Code Remedies (4th Ed.) § 602. The tort upon which this counterclaim Is... | |
 | Law reports, digests, etc - 1886 - 982 pages
...counterclaim under said subdivision includes a 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. It has been held in New York, under a statute precisely like our own, that the term " transaction "... | |
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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. 
