| Nevada - 1885 - 1332 страници
...the following causes of action : First — A 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. Second — In im action arising upon contract, any other cause of action arising also upon contract... | |
| Charles Theodore Boone - 1885 - 598 страници
...California Code, if the defendant omits to set up a counter-claim, arising out of the transaction set out in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the plaintiff's cause of action, neither he nor his assignee can afterward maintain an action thereon.13... | |
| 1885 - 676 страници
...commenced within the time limited therefor by the Statute of Limitations, a counterclaim arising out of the contract set forth in the complaint as the foundation of the plaintiff's claim is not barred by the Statute of Limitations although the pleading con taining it is not served until... | |
| 1886 - 880 страници
...following causes of action: 1. "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." Now, this is what would have been previously allowed by way of recoupment, and it neither enlarges... | |
| 1911 - 1172 страници
...conditions being satisfied, of "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 action." Рошегоу on Code Remedies (4th Ed.) § 602. The tort upon which this counterclaim Is... | |
| United States. Supreme Court - 1886 - 1238 страници
...the defendant "must be one * * * 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. " Section 94. The counter-claim pleaded by the defendant was within the terms of this section. A counter-claim,... | |
| 1922 - 1202 страници
...permitted a defendant te plead "a cause of action arising out of the contract or transaction, set forth In the complaint, as the foundation of the plaintiff's...or connected with the subject of the action," and it was held that a cause of action in tort by the tenant against the plaintiff for conversion of certain... | |
| 1887 - 814 страници
...be hud in the action : 1. 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. 2. In an action on contract, any other cause of action on contract, existing at the commencement of... | |
| 1887 - 656 страници
...Greenfield. First. It does not contain a cause of action arising out of the transaction set forthin the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. Second. The cause of action alleged in said counter-claim is not one existing against the person whom... | |
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