 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...intended. Amended Cjde, § 149. § 646. The counterclaim mentioned in the last section, must bs one existing in favor of a defendant, and against a plaintiff,...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... | |
 | New York (State) - 1852 - 606 páginas
...1849-1852.) Counterclaim. Several defenses — 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 liad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | Henry Whittaker - 1852 - 900 páginas
...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which... | |
 | Nathan Howard (Jr.) - 1853 - 594 páginas
...Now it defines what the counter claim, mentioned in section 149, is. The counter claim must be one existing in favor of a defendant, and against a plaintiff...whom a several judgment might be had in the action. In the present case the defendants undertook and promised jointly and severally, and a several judgment... | |
 | Wisconsin - 1853 - 810 páginas
...What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising... | |
 | New York (State) - 1855 - 802 páginas
...1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...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... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 páginas
...94th Sec. of the Code defines a counterPlatt Evens, Jr. ra. CF Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action." To be allowed, therefore, it must... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...too clear and explicit to be misunderstood. The counter-claim mentioned in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several judgment might be had in the action, and arising out of one of the following causes of action.... | |
 | Wisconsin - 1856 - 334 páginas
...repetition. What const!- Sue 55. The counter claim mentioned in the last section, tcr"claim.Uim' muse be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
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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,... 
