 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1888 - 770 pages
...several judgment might have been had thereon in the action, as required by sec. 2G5C. RS But it was for a cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, or, at least, it was connected with the subject of the action. In this respect it satisfied subd. 1 of... | |
 | Law reports, digests, etc - 1912 - 1266 pages
...covenant, which gave rise to an independent cause of action on the part of the tenant. It was, therefore, a cause of action arising out of the contract or transaction...complaint as the foundation of the plaintiff's claim, and consequently was the proper subject of a counterclaim in this action. Code of Civil Procedure,... | |
 | John Chipman Gray - Personal property - 1888 - 816 pages
...class of demands which are embraced in section 149, as counterclaims. A counter-claim must be, 1st, 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 ; or 2d, in an action arising on contract,... | |
 | Law reports, digests, etc - 1922 - 1202 pages
...the same. It appears that In that state they had a statute which permitted a defendant to plead "a cause of action arising out of the contract or transaction,...claim or connected with the subject of the action," and it was held that a cause of action in tort by the tenant against the plaintiff for conversion of... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1922 - 1050 pages
...nowhere appears in the 7th subdivision of defendant's answer that the matters therein alleged arose out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, nor does it appear therefrom that the alleged counterclaim is in any manner connected with the subject... | |
 | 1923 - 1634 pages
...one of the following causes of action: (1) A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's...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 at the commencement... | |
 | California - Civil procedure - 1923 - 952 pages
...one of the following causes of action: 1. A cause of action arising out of the transaction set forth es Manford Kerr( arising upon contract; any other cause of action arising also upon contract and existing at the commencement... | |
 | California - Civil procedure - 1923 - 600 pages
...one of the following causes of action: 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's...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 at the commencment... | |
 | Maritime law - 1923 - 756 pages
...separate judgment may be had in the action. THE GLORIA— THE FREEDOM— THE THEKLA. 291 286. as set forth in the complaint as the foundation of the plaintiff's...claim or connected with the subject of the action, still it would seem clear that, if it were necessary that the counterclaim arise out of the same transaction... | |
 | Joseph A[sbury]. Joyce - 1924 - 1262 pages
...been decided under the code of Civil Procedure permitting a counterclaim to be interposed if it be "a cause of action arising out of the contract or transaction...plaintiff's claim, or connected with the subject of the action,"6 that it is not essential in an action upon contract that the counterclaim should also be... | |
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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. 
