 | Law - 1882 - 826 pages
...Bailway Company (Law Eep. 2 CP 593). Since tho Judicature Act, by Order xix., r. 3, a defendant might set off or set up by way of counter-claim against the claims of the plaintiff any right of claim whether it " sound in damages or not. " It was said that the liquidator had now this right,... | |
 | Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...shall, if the parties differ, be settled by the Judge. Counter-claims by Defendant. 20. A defendant may set off, or set up, by way of counter-claim against...set-off or counter-claim sound in damages or not, and snch set-off or counter-claim shall have the same effect as a statement of claim in a cross action,... | |
 | Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...issues, and such issues shall, if the parties differ, be settled by the Judge. 20. A defendant may sct off, or set up, by way of counter-claim against the...or counter-claim sound in damages or not, and such sct-off or counter-claim shall have the same 10 effect sis a statement of claim in a cross action,... | |
 | Law reports, digests, etc - 1883 - 682 pages
...cross-action, the judge is to do complete justice between the parties. The 3rd rule of Order XIX. says : " A defendant in an action may set off or set up, by way of counter-claim again*! the claim of the plaintiff, any right or claim. whether such set-off or counter-claim sound... | |
 | Freeman Oliver Haynes - Equity - 1874 - 570 pages
...section 24)> provides as follows : — ' ' A defendant may set off or set up by way of counter claim against the " claims of the plaintiff any right or...counter-claim • ' shall have the same effect as a statement of claim in a cross action, so as '' to enable the Court to pronounce a final judgment in... | |
 | Henry John Stephen - Law - 1874 - 726 pages
...that a defendant may set off, or set up by way of counter-claim, any right or claim, whether sounding in damages or not; and such set-off or counter-claim shall have the same effect the action continued by or against the plaintiff. (Vide sup. pp. 369, him, or otherwise disposed of... | |
 | Arundel Rogers - Civil procedure - 1875 - 592 pages
...order the costs occasioned by such prolixity to be borne by the party chargeable with the same. 3. A defendant in an action may set off, or set up, by...set-off or counterclaim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the... | |
 | Sir William Thomas Charley - Civil procedure - 1875 - 754 pages
...Order XXVI of the Amending Act. Counter-claimt by defendant. 20. A defendant may let of, or let ttp, by way of counter-claim against the claims of the plaintiff, any right or claim, whether tuck sct-nff or comit.-rc!aitn sound in damages or not, and such set-off or ci,i:nter-alaim shall have... | |
 | William Downes Griffith - Civil procedure - 1875 - 700 pages
...plaintiff, any right eîaimPwhcther or claim, whether such set-off or counter-claim sound in liquid or not. damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the... | |
 | John Indermaur - Common law - 1876 - 530 pages
...received a very great extension, it being provided by the Judicature Act, 1875 (g), that Provision of " a defendant in an action may set off or set up by...set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the court to pronounce a final judgment in the... | |
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A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not... 
