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" ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff,... "
The Revised Statutes of the State of Utah in Force Jan. 1, 1898 - Página 658
por Utah - 1897 - 1224 páginas
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 páginas
...sufficient to form a belief; § 15O. [129.] (Am'd 1849, 1852.) Counter-claim.— Severa 1 defences. The counter-claim mentioned in the last section must...and arising out of one of the following causes of actijn : 1. A cause of action arising out of the contract or transaction set forth in the complaint...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 páginas
...Toronto v. Hunter, 20 How. f~ § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. •. The counter-claim mentioned in the last section, must...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 the contract...
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The Law of Remedies for Torts, Or Private Wrongs

Francis Hilliard - 1867 - 664 páginas
...defendant may set up in defence a counter-claim for fraud in the sale. " The counter-claim . . . must bo one existing in favor of a defendant, and against...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 plaintiff's claim, or...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volumen21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 páginas
...have been tried and determined in his favor. But I think this point is not well taken. A counterclaim must be one " existing in favor of a defendant, and...whom a several judgment might be had in the action." Upon McKay's own statement which he offered to verify, I do not see that anything was in litigation...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 páginas
...claim, sever- existing in favor of a defendant, and ngainst a plaintiff, between whom a ai defences. several judgment might be had in the action, and arising...causes of 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,...
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North Carolina Reports: Cases Argued and Determined in the ..., Volumen79

North Carolina. Supreme Court - 1878 - 760 páginas
...without repetition.'' §100. And the counter claim itself is described in the next section, — " it must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself...
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The Code of Procedure of the State of New York as Amended by the Legislature ...

New York (State). - 1869 - 280 páginas
...and aoncise Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 800 páginas
...13Wis. 522). Under the code of Wisconsin, sub. 2, sects. 10 & 11, ch. 125, the counter-claim must exist in favor of a defendant and against a plaintiff, between...a several judgment might be had in the action, and must arise out of one of the following causes of action : 1st. A cause of action arising out of the...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volumen5

New York (State) - 1869 - 1002 páginas
...section, must be one Answcr existing in favor of a defendent, and against a plaintiff, between whom mayn't a several judgment might be had in the action, and...of one {££*",. of the following causes of action : fenses and 1. A cause of action arising out of the contract or transaction set (connt8r" forth in...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 páginas
...292 ; see Lewi» v. Palmer, 28 NY 271). § 15O. (Am'd 1849, 1852.) Counter-claim. Several defenees. The counter-claim mentioned in the last section, must...causes of 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,...
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