 | New York (State). - 1850 - 920 페이지
...what is intended. Amended C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against...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) - 1852 - 606 페이지
...(Amended 1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | Henry Whittaker - 1852 - 900 페이지
...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | New York (State) - 1852 - 836 페이지
...without repetition. A wTwai § 150.' The counter-claim mentioned in the last section, ITO£'"W "id must be one existing in favor of a defendant, and against a iriSus"!™ plaintiff, between whom a several judgment might be had r )]imTius":0 m t'ie acti°D5 an(l... | |
 | Nathan Howard (Jr.) - 1853 - 594 페이지
...intended to answer. Now it defines what the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and...whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | Wisconsin - 1853 - 810 페이지
...repetition. What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 페이지
...counter claim, in ordinary and concise 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 tho action, and arising out of one of the following causes of action : 1st. A cause of action arising... | |
 | New York (State) - 1855 - 802 페이지
...(Amended 1849-1852.) Counter Claim. Several defences. 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... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 페이지
...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 must... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 페이지
...the Code is too clear and explicit to be misunderstood. The counter-claim mentioned in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several judgment might be had in the action, and arising out of one of the following causes of action.... | |
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A cause of action arising 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. 
