... 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,... Law Reform - Страница 113по Thomas Berry Cusack Smith - 1863 - 123 странициПълен достъп - Информация за книгата
| New York (State). - 1850 - 920 страници
...C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against a plaintiff, between whom...and arising out of one of the following causes of action : 1. A cause of action, arising out of the contract or transaction set forth in the complaint,... | |
| New York (State) - 1852 - 606 страници
...Several defenses — 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 liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
| Henry Whittaker - 1852 - 900 страници
...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... | |
| Nathan Howard (Jr.) - 1853 - 594 страници
...views taken in 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
...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... | |
| Wisconsin - 1853 - 810 страници
...55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against a 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... | |
| New York (State) - 1855 - 802 страници
...Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom...and arising out of one of the following causes of action : 1. A cause of action arising out of the contract or transaction set forth in the complaint... | |
| John Duer, New York (State). Superior Court (New York) - 1855 - 738 страници
...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. 1. A cause of action arising out of the contract, or transaction set forth in the complaint,... | |
| Wisconsin - 1856 - 334 страници
...Sue 55. The counter claim mentioned in the last section, tcr"claim.Uim' muse be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
| William H. R. Wood - 1857 - 834 страници
...The counter 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...and arising out of one of the following causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation... | |
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