 | New York (State). Court of Appeals - Law reports, digests, etc - 1874 - 732 pages
...Procedure. Taylor v. Root. By section 150, a counter-rliiim must be one, existing :.i favor of a dcfendan t and against a plaintiff, between whom a several judgment might be had in the action. As in the case of payment to one of the plaintiffs of his share in full or in part, the judgment might... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...are intended to answer. SEC. 92. The counter-claim mentioned in the last section must cmmter-ciain. be 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... | |
 | Austin Abbott - Civil procedure - 1857 - 608 pages
...allowed by law, and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...other sort of cross-demand, aud which adopt the following formula in defining it : " The counterclaim must be one existing in favor of a defendant and against...plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...aside the verdict. After referring to § 150, the judge proceeds : " The counterclaim is to be a claim existing in favor of a defendant and against a plaintiff between whom a several judgwho are joint contractors and jointly liable, a separate judgment against one or more less than... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1913 - 676 pages
...2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant and against...out of the transaction set forth in the complaint as the foundation of plaintiffs claim or connected with the subject of the action." (Italics ours.) The... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - Law reports, digests, etc - 1877 - 692 pages
...still further information on the subject in the code. Section 0-i provides that the counterclaim " must be 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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1919 - 688 pages
...plaintiff, and until an accounting, would not be the subject of an action of law, it is not a counterclaim ' existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, ' within the purview of Code Civil Proc. Cal. 438, and is not valid." The same rule was applied by... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1903 - 612 pages
...Failure to Reply: Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between...a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the foundation... | |
| |
... connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment... 
