 | John Townshend - 1867 - 298 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 actijn : 1. A cause of action arising out of the... | |
 | North Carolina. Supreme Court - 1878 - 760 страници
...claim itself is described in the next section, — " it must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
 | Thomas Whitney Waterman - 1869 - 800 страници
...of Wisconsin, sub. 2, sects. 10 & 11, ch. 125, the counter-claim must exist in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and must arise out of one of the following causes of action : 1st. A cause of action arising out of... | |
 | New York (State). - 1869 - 280 страници
...150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | Utah (Ter.) - 1870 - 162 страници
...47. The counter claim mentioned in the last Section, 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: First — A cause of action arising out of... | |
 | Abraham Lansing - 1870 - 590 страници
...plaintiff individually. This is the test. It must be a claim or demand " existing in favor of a defendant, and against a plaintiff, between whom, a several judgment might be had in the action." (Code, § 150.) It was not a demand against the plaintiff alone, but against the plaintiff, and another,... | |
 | New York (State), John Townshend - 1870 - 896 страници
...defenees. 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... | |
 | 1870 - 378 страници
...1852.) The counterclaim mentioned in the leaf tection must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in tfte action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916 - 614 страници
...says : "The counterclaim 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," etc. A counterclaim, therefore, must be a cause of action existing in favor of a defendant against... | |
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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. 
