 | New York (State). - Civil procedure - 1850 - 920 pages
...mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom a several 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... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1st. A cause of action arising out of the transaction set forth... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...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 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... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...94th Sec. of the Code defines a counterPlatt Evens, Jr. ra. CF Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it... | |
 | District of Columbia - Law - 1857 - 788 pages
...in the last preceding section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the...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.... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...last section [St. 1851, 57.] shall be one existing in favor of the defendant, and against a plaintiff, ia one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth... | |
 | Kansas - Law - 1858 - 482 pages
...section off or counter ust be. must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the...transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. When costs in SEC. 95. That if... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...one existing in favor of the defendant or plaintiff, and against c ''"'" a plaintiff or defendant, between whom a several judgment might ^.\ be had in the action and arising out of one of the following v* j\v causes of action : ,'t V 1 First — A cause of action arising out of the... | |
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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,... 
