 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913 - 676 страници
...2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant and against...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... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 страници
...still further information on the subject in the code. Section 94 provides that the counterclaim •• must be one existing; in favor of a defendant and...judgment might be had in the action, and arising out uf the contract or transaction set forth in the petition as the foundation of the plaintiff 's claim,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 страници
...Procedure which are applicable are as follows: Sec. 3227, 2 Comp. Laws, 1888. The counter-claim must be one in favor of a defendant and against a plaintiff, between...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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 страници
...Failure to Reply: Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between...a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the foundation... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1919 - 688 страници
...plaintiff, and until an accounting, would not be the subject of an action of law, it is not a counterclaim ' existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, ' within the purview of Code Civil Proc. Cal. 438, and is not valid." The same rule was applied by... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 страници
...Francis r. Edwards, 77—271. 2 101. — Counter-claim. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...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... | |
 | Ohio - 1878 - 1364 страници
...[Civil Code, §§ 84, 93, 8. & C. 968, 978-1 SEC. 16. The counterclaim, mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between wnom a several judgment might be had in the action, and arising out of the contract or transaction... | |
 | 1908 - 1282 страници
...127 of the Revised Code of Civil Procedure provides: "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and...plaintiff, between whom a several judgment might be had Jn the action, and arising out of one of the following causes of action: (1) A cause of action arising... | |
 | Benjamin Vaughan Abbott - 1879 - 1054 страници
...merits, and establishes his counter-claim also, he recovers judgment for the latter. A counter-claim must be one "existing in favor of a defendant and...plaintiff, between whom a several judgment might be bad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | 1912 - 1262 страници
..."SAME TRANSACTION." Code Civ. Proc. § 127, stibd. 1, provides that a counterclaim must be a claim existing in favor of a defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint... | |
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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,... 
