 | 1870 - 378 страници
...intelligibly distinguished. § 1 5O. (As am d in 1852.) The counterclaim mentioned in the leaf tection must be one existing in favor of a defendant and against...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... | |
 | Abraham Lansing - 1870 - 590 страници
...in law, a claim against the plaintiff individually. This is the test. It must be a claim or demand " existing in favor of a defendant, and against a plaintiff,...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,... | |
 | Utah (Ter.) - 1870 - 162 страници
...language. SEC. 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...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 the transaction Counter... | |
 | Charles W. Langdon - 1870 - 858 страници
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the action,, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth... | |
 | Wyoming - 1870 - 808 страници
...intended to answer. SEC. 103. The counter-claim mentioned in the la*t Ari»mr •»* .* toulrocl. section must be one existing in favor of a defendant, and against a pl&intiff, between whom a several judgment might bo had in the action, and arising out of the contract... | |
 | 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
...admitted. Section 200 of the Code of Procedure says : "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and...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... | |
 | United States. Congress. Senate - 1871 - 1256 страници
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the action, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth... | |
 | New York (State), William Wait - 1871 - 1034 страници
...up separately ; the whole constitute one counterclaim. Eanneyv. Smith, 6 How. 420. V. A COUNTERCLAIM MUST BE ONE EXISTING IN FAVOR OF A DEFENDANT AND AGAINST A PLAINTIFF, ETC. a. Construction.— This language is so precise as to leave no room for interpretation, but §112... | |
 | California - 1872 - 892 страници
...transactions, into one vi*v, to be judged as a whole. The counter claim must show a cause of action in favor of a defendant and against a plaintiff, between...whom a several judgment might be had in the action. If, for example, the claim and defense be, as they generally are, puch that the plaintiff might recover... | |
 | California - 1872 - 774 страници
...$ 438. (} 47.) The counter claim mentioned in the last section must be one existing in favor of à defendant and against a plaintiff, between whom a...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 transaction set forth... | |
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... 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,... 
