 | Arkansas. Supreme Court - 1873 - 782 páginas
...or some of them, against the plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...intended. Amended Cjde, § 149. § 646. The counterclaim mentioned in the last section, must bs one existing in favor of a defendant, and against a plaintiff,...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 or transaction... | |
 | Kentucky - 1851 - 544 páginas
...insufficient, defendant may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,... | |
 | Kentucky - 1851 - 548 páginas
...insufficient, defendant may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the... | |
 | New York (State) - 1852 - 606 páginas
...1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | Henry Whittaker - 1852 - 900 páginas
...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | New York (State) - 1852 - 836 páginas
...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 action arising on contract, any other cause of action arising also on contract, and exibtiug... | |
 | Nathan Howard (Jr.) - 1853 - 594 páginas
...Now it defines what the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and against a plaintiff...whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | Wisconsin - 1853 - 810 páginas
...What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
| |
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. 
