...residue. [Enacted 1953.] [EDITOR'S NOTE: FRCP 7(2)(c) abolished demur action.] § 442. Cross-complaint. 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...

...But tlie cross-complaint was not filed in a proper case. Section 442, Code Civil Proc., provides : "Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the * * * transaction upon which the action is brought, or affecting the property to which the action relates,...

...objection that two causes of action were improperly united in the cross-complaint, the code provides that "whenever the defendant seeks affirmative relief against...the property to which the action relates," he may file a cross-complaint. (Code Civ. Proc., sec. 442.) The action was to recover possession of two separate...

...the Code of Civil Procedure gives to a "defendant" the right to file a cross-complaint whenever he seeks affirmative relief against any party "relating...affecting the property to which the action relates." In East Riverside Irr. Dist. v. Holcomb, 126 Cal. 315, it was held that section 442 "is primarily applicable...

...cross-complaint was not filed in the proper case. Section 442, Code of Civil Procedure, provides: " Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the .... transaction upon which the action is brought, or affecting the property to which the action relates,...

...hundred dollars. 1. Appellants argue that the court erred in allowing the cross-complaint to be filed. "Whenever the defendant seeks affirmative relief against any party, relating to or depending vipon the contract or transaction upon which the action is brought, .... he may, in addition to his...

...is not always the case. A provision adopted by California in 1874 made a cross-complaint available "whenever the defendant seeks affirmative relief against...affecting the property to which the action relates." 1S This was subsequently copied with or with15 la. Code Civ. Pract. 1860, §§ 276, 282, 285, 287;...

...contribution among the coguarantors was necessary to its determination. Prior to 1907, section 442 read: "Whenever the defendant seeks affirmative relief against...to or depending upon the contract or transaction," etc., "he may ... file ... a cross-complaint." In 1907 (Stats. 1907, p. 706) this section was amended...

..."shall," instead of "must," before "refer"; but did not have the last sentence. § 442. Cross-complaint. Whenever the defendant seeks affirmative relief against...party, relating to or depending upon the contract^ ~ frânïïactîon," matter, happening" or accident upon which the action is brought, or affecting...

...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 affiecting the property...