 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.  The New York Supplement - 274 페이지1921전체보기 - 도서 정보
 | District of Columbia - 1857 - 788 페이지
...the action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant... | |
 | 1857 - 610 페이지
...It was a claim of the defendant Bloomer only. 3. It was not a cause of action on contract, nor one arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 4. That a several judgment could not be had between the... | |
 | Austin Abbott - 1858 - 610 페이지
...of the plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, arising out of the contract or transaction set forth...claim, or connected with the subject of the action. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial in a verified answer of the indorsers,... | |
 | Nathan Howard (Jr.) - 1858 - 616 페이지
...a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the...complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor do they arise on contract. Third. The facts... | |
 | California, Henry Jacob Labatt - 1858 - 586 페이지
...upon contract; any other cause of action arising also upon contract and existing at the com--. • ч the complaint as the foundation of the plaintiff's...claim, or connected •with the subject of the action : 2d. In an action arising upon contract, any other cause of action arising also upon contract, and... | |
 | Kansas - 1858 - 482 페이지
...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 connected with the subject of the action. When costs in SEC. 95. That if the defendant omit to set up the countersuch oase can- . ii • -IT... | |
 | Benjamin Vaughan Abbott - 1859 - 580 페이지
...Richards, 22 Barb., 143), although the defendant may recoup his damages, or set up a counter-claim on a cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. (Code, § 150, subdv. 1.) The defence... | |
 | 1859 - 782 페이지
...favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | 1859 - 788 페이지
...favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1859 - 804 페이지
...favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
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