 Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 4by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894Full view - About this book
 | American Bar Association - Bar associations - 1919 - 806 pages
...relief against any party relating to or dependent upon the contract, transaction or subject matter upon which the action is brought, or affecting the property to which the action relates or whenever the judgment in such action may determine the ultimate rights of defendants to an action... | |
 | Louis Townsend Farr, Ohio. Circuit Court - Law reports, digests, etc - 1921 - 656 pages
...provides that ' ' whenever the defendant seeks affirmative relief against any party to the action, relating to or depending upon the contract or transaction...affecting the property to which the action relates, he may * * * file * * * a cross complaint," a defendant is not authorized to bring in new parties by way of... | |
 | Law reports, digests, etc - 1922 - 1240 pages
...cross-complaint is permissible in an action only when a defendant seeks affirmative relief against any party: (1) Relating to or depending upon the contract or transaction upon which the action is brought; or (2) affecting the property to which the action relates. Code Civ. Proc. § 442. It is at once evident... | |
 | California, James Manford Kerr - Criminal law - 1923 - 680 pages
...437.) 11 Q. — What is a cross-complaint? A. — It is an affirmative relief sought by the defendant against any party relating to or depending upon the...or transaction upon which the action is brought.— (CCP 442.) 12 Q.— What are pleadings in this State? A. — Pleadings are the formal allegations by... | |
 | California - Civil procedure - 1923 - 952 pages
...9 49 of Practice Act, last sentence added. § 442. AFFIRMATIVE RELIEF. CROSS-COMPLAINT. SERVICE OF. an obligation, or any portion thereof, such person...bring an action against the conflicting claimants to transaction, matter, happenings or accident upon which the action is brought, or affecting the property... | |
 | California - Civil procedure - 1923 - 600 pages
...one or more of the several causes of action stated in the complaint and demur to the residue. 442. Whenever the defendant seeks affirmative relief against...party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property... | |
 | Law reports, digests, etc - 1923 - 1210 pages
...relief against any party relating to or dependent upon the contract, transaction, or subject-matter upon which the action is brought, or affecting the property to which the action relates, » • » any defendant may, in addition to and in his answer, file at the same time, or subsequently... | |
 | Law - 1925 - 1150 pages
...Civ. Proe., § 442, was amended in 1915 and again in 1923, so that now a cross-complaint is proper "whenever the defendant seeks affirmative relief against...party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought,, or affecting tho property... | |
 | Bancroft-Whitney Company - Code pleading - 1926 - 1208 pages
...relief against the plaintiff, or any other party to the action, where such relief relates to or depends upon the contract or transaction upon which the action is brought or affects the property to which it relates.5 A eross-complaint is allowable only in the cases 5. Cal.... | |
 | Law - 1890 - 572 pages
...the part of the father to neglect or abandon It.— Ramify v. Rtmuey, I ml., S3 NK Rep. 69. fectlng the property to which the action relates, he may, in addition to his answer, file a cross-complaint."' —Molt v. Mott, Cal., 22 Pac. Rep. 1140. 41. EASEMENT— Parol. —A right In... | |
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