 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 812 pages
...APPOINTMENT. COHBTITDTIONAL LAW, 248, 249. COUNSELLOR ATTORNEY AND CLIENT. COUNTER-CLAIM. out of — 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of plaintiffs claim, or connected with the subject of the action. 2. In an action arising... | |
 | New York (State) - 1867 - 1086 pages
...whom a several judgment might be had in the action, and arising oat of one of the following causes of action : — 1. A. cause of action arising out of...connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising* also on contract, and existing at the commencement... | |
 | John Townshend - Court rules - 1867 - 298 pages
...several judgment might be had in the action, and arising out of one of the following causes of actijn : 1. A cause of action arising out of the contract or...connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement... | |
 | South Carolina - 1868 - 942 pages
...defences. several judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract...connected with the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement... | |
 | New York (State) - Law - 1869 - 1002 pages
...action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" 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 of action arising also on contract, and existing at the commencement... | |
 | Thomas Whitney Waterman - Set-off and counterclaim - 1869 - 800 pages
...affirmative relief. Held, that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, and was not connected with the subject of the action, and therefore was not admissible (Smith, J.,... | |
 | New York (State). - Civil procedure - 1869 - 280 pages
...action : 1. A cause of action arismg 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 cacse of action arising also on contract, and existing at the commencement... | |
 | Civil procedure - 1870 - 378 pages
...whom a several judgment might be had in tfte action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract...connected with the subject of the action. 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement... | |
 | Statutes - 1870 - 288 pages
...whom a several jndgment might he had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract...complaint, as the foundation of the plaintiff's claim, or counected with the suhject of the action. 2. In an action arising on contract, any other cause of action... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract...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,... | |
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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. 
