 ... 1. 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. "2. In an action arising on contract, any other cause of action arising...  Journal of the proceedings - Page 344by Oregon. Legislative Assembly. House of Representatives - 1895Full view - About this book
 | California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...Cal. 598. Undue influence— see MOHTOAGE. § 438. The counter-claim mentioned in the last section must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
 | New York (State) - 1880 - 668 pages
...defendant, orof one or more defendants, between whom and the plaintiff a separate judgment may be had in the action. 1. A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff'* claim, or connected with the subject of the action. 2. In an action... | |
 | South Carolina, Robert A. Lynch - Law - 1880 - 256 pages
...in the action, and . . „ 10-465, 185, arising out of one of the following causes of action: n-337 1 . 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; 2. In an action... | |
 | Idaho (Ter.) - Law - 1881 - 588 pages
...complaint controverted by the defendant. SEC. 238. The counter claim mentioned in the last section must be one existing in favor of a defendant and against...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 claim, or connected... | |
 | Nebraska, Guy Ashton Brown - Law - 1881 - 838 pages
...intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...judgment might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiffs claim, or... | |
 | Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...intended to answer. SEC. 101. [Counter-claim.] — The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...judgment might be had in the action, and arising out oí the contract or transaction set forth in the petition as the foundation of the plaintiff's claim,... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1913 - 1086 pages
...Department, June, 1913. [Vol. 157. ants, between whom and the plaintiff a separate judgment may be had in the action : "1. 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. " 2. In an... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898 - 732 pages
...plaintiff's recovery, and must be one of the following causes of action against the plaintiff : First, " 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. 2. In an action... | |
 | Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 998 pages
...CODE, 1943. § 28-0714. Requisites o\ counterclaim. The counterclaim mentioned in section 28-0710 2 must be one existing in favor of a defendant and against...causes of action : 1 . A cause of action arising out of the1 contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917 - 740 pages
...446, 110 Pac. 482, 112 Pac. 416. Henry G. Middaugh and Rollo F. Hunt, for respondent. A counterclaim must be one existing in favor of a defendant and against...arising out of one of the following causes of action. Comp. Laws 1913, § 7449 ; Merrick v. Gordon, 20 NY 93. Mere collateral or independent agreements cannot... | |
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