 | 1923 - 1652 стор.
...note by the firm of which he was a partner. The court said: "The statutes provide that a counterclaim must be one existing in favor of a defendant, and...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 transaction set forth... | |
 | 1927 - 1642 стор.
...reviewing court said: "By § 95 of the Code of Civil Procedure, a counterclaim must be a ground of defense arising out of the contract or transaction set forth...petition as the foundation of the plaintiff's claim, or be connected with the subject of the action. There is evidence in this record tending to show that... | |
 | 1922 - 940 стор.
...only out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, but must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. (Ward v. Goetting, 435.) 11. ACTION TO CANCEL NOTE — RIGHT OF ACTION UPON NOTE — FAJLUBI TO SET... | |
 | 1922 - 948 стор.
...only out of the transaction set forth in the complaint as the foundation of plaintiff's claim, but must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. As said in Meyer v. Quiggle, 140 Cal. 499, [74 Pac. 41], quoting with approval from National Fire Ins.... | |
 | 1916 - 942 стор.
...the 29 C»l. App. — 38 counterclaim pleaded by him was one existing in his favor and against the plaintiff, between whom a several judgment might be had in the action, and arising out of a cause of action upon contract (Code Civ. Proc., sec. 438), there is no ground for doubting. While... | |
 | 1923 - 940 стор.
...from disease. Akers is not a party to the action. A counterclaim must be one in favor of a defendant against a plaintiff "between whom a several judgment might be had in the action." (Code Civ. Proc., sec. 438.) Appellant claims that if, as alleged by respondents in their counterclaims,... | |
 | 1922 - 940 стор.
...counterclaim mentioned in the last section must be one existing in favor of the defendant and against the plaintiff between whom a several judgment might be had in the action arising out of one of the following causes of action: (1) a cause of action arising out of the transaction... | |
 | New York State Bar Association - 1912 - 1128 стор.
...The counter-claim must arise out of one of the following causes of action : First. A cause of action arising out of the contract or transaction set forth in the petition, or connected with the subject of the action. Second. In an action arising on contract, any other cause... | |
 | Guam, John A. Bohn - 1970 - 466 стор.
...counterclaim mentioned in § 437 must tend to diminish or defeat the plaintiff's recovery and must exist in favor of a defendant and against a plaintiff between...whom a several judgment might be had in the action; provided, that the right to maintain a counterclaim shall not be affected by the fact that either plaintiff's... | |
 | South Dakota. Supreme Court - 1912 - 734 стор.
...Vol. 28 S. 0. 44. 6. Code of Civ. Proc. § 127, subd. 1, provides that a counterclaim must be a claim existing in favor of a defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint... | |
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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,... 
