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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. "
Reports of Practice Cases, Determined in the Courts of the State of New York - Página 119
1857
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...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 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...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 páginas
...judgment might be liad 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 set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 páginas
...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 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen8

Nathan Howard (Jr.) - 1853 - 594 páginas
...counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, 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. 2d. In an action...
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The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - 1854 - 442 páginas
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " 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 suhject of the action." Code Proc.,...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volumen8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...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 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...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 páginas
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft,...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 páginas
...a defendant and against a plaintiff between whom a 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. SEC. 14. If any...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen14

Nathan Howard (Jr.) - 1857 - 614 páginas
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " 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." (Code, § 150,...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen15

Nathan Howard (Jr.) - 1858 - 616 páginas
...a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ; nor...
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