 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 стор.
...mentioned in the When counter last section must be one existing in favor of a de- jj»™ to be fendant 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 transaction set forth... | |
 | 1872 - 620 стор.
...the counter-claim is available as a defense, under section 150 of the Code, which provides that it " must be one existing in favor of a defendant, and...against a plaintiff, between whom a several judgment may be had in the action." Upon such an obligation, the obligors could be sued jointly or separately,... | |
 | Montana (Ter.) - 1872 - 802 стор.
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : First. A cause of action arising out of the transaction set... | |
 | South Carolina - 1873 - 1164 стор.
...and concise language, without repetition. SEC. 173. The counter claim mentioned in the last Section 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 contract or transaction... | |
 | William Wait - 1873 - 950 стор.
...counter-claim which may properly be inserted in an answer, and to which a reply can be necessary, is one existing in favor of a defendant and against a...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... | |
 | New York (State), John Townshend - 1873 - 960 стор.
...(Am'd 1849, 1862.) Counter-claim. Several defenses. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...several judgment might be had in the action, and arising ont of one of the following causes of action : 1. A cause of action arising out of the contract or... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1873 - 724 стор.
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant against a plaintiff between whom a several judgment...and arising out of the contract or transaction set out in the complaint as the foundation of the plaintiff s claim, or connected with the subject of the... | |
 | New York (State). Court of Appeals - 1873 - 684 стор.
...rendered upon it against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff,...a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this'definition. The referee was, therefore,... | |
 | New York (State). Court of Appeals - 1873 - 684 стор.
...rendered upon it against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff,...a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this definition. The referee was, therefore,... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1873 - 544 стор.
...parties, when before the courts, to have a complete determination of all claims of the defendant, " arising out of the contract or transaction set forth in the petition, as the foundation of the plaintiffs claim, or connected with the subject of the action." We are of opinion that there is no... | |
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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,... 
