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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 ; 2. "
The New York Supplement - Страница 687
1898
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

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...

Pleading Under the Codes: Adapted to Use in the Several States and ...

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...

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Том 20

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...

The American Decisions: Containing All the Cases of General Value ..., Том 80

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...

The Atlantic Reporter, Том 80

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...

Supreme Court Reporter, Том 6

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,...

The Southwestern Reporter, Том 238

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...

The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

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...

The American and English Encyclopedia of Law, Том 22

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1120 страници
...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 plaintiff's...claim or connected with the subject of the action. The Codes of Indiana and Iowa, however, cannot be referred to either of these two general groups. Their...

Civil Procedure Reports: Containing Cases Under the Code of ..., Томове 1–10

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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