 | New York (State). - 1850 - 920 страници
...646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, 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... | |
 | Henry Whittaker - 1852 - 900 страници
...150. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, 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... | |
 | Nathan Howard (Jr.) - 1853 - 594 страници
...the People agt. Cram and White. The counter claim is to be a claim existing in favor of a defendant and against a plaintiff, between 'whom a several judgment might be had in the action. This clearly indicates that there may be cases where the set off or counter claim may not be due to,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 страници
...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 страници
...defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, 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... | |
 | William H. R. Wood - 1857 - 834 страници
...claim mentioned in the last section [St. 1851, 57.] shall be one existing in favor of the defendant, 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... | |
 | District of Columbia - 1857 - 788 страници
...counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 страници
...the only restriction under the code is, that the set-off must be one existing in favor of a defendant against a plaintiff, between whom a several judgment might be had, in the action. The present action is one of that kind, as was held in the case of The People v. Cram, (8 How. 151.)... | |
 | Kansas - 1858 - 482 страници
...counterclaim mentioned in the last section off or counter ust be. must be one existing in favor of a defendant and against a plaintiff, between whom a several 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... | |
 | Kansas - 1859 - 726 страници
...mentioned in the last section '"»«»•'«»•«•'• must be one existing in favor of a defendant and against a plaintiff, between whom a several 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... | |
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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. 
