 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...Code is 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 - Session laws - 1856 - 334 pages
...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... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...The counter claim mentioned in the last section [St. 1851, 57.] shall be one existing in favor of the defendant, and against a plaintiff, between whom a...causes of action : 1. A cause of action arising out of the transaction Kt forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | District of Columbia - Law - 1857 - 788 pages
...intelligibly distinguished. SEC. 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against...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,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1857 - 722 pages
...against the plaintiff. Section 150 ia as follows : " The counter-claim mentioned in the last section must be one existing in favor of a defendant and against...whom a several judgment might be had in the action." This applies only to the plaintiff on the record. (See Gleason v. Moen, 2 Duer, 642.) Section 112 of... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 724 pages
...§§ 149, 150 of the code as amended in 1852. Partenheimer v. Van Order. A counter-claim is defined to be one existing in favor of a defendant and against...be had in the action, and arising out of one of the specified causes of action ; and the 2d subdivision provides that in an action upon contract any other... | |
 | Kansas - Law - 1858 - 482 pages
...What the set SEC. 94, Q'hat the counterclaim mentioned in the last section off or counter ust be. must be one existing in favor of a defendant and against...judgment might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or... | |
 | California - Civil procedure - 1858 - 320 pages
...shall be one ..fcrioO. existing in favor of the defendant, and against a plaintiff, between J .. 2.?0 whom a several judgment might be had in the action,...arising out of one of the following causes of action : the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...one existing in favor of the defendant or plaintiff, and against c ''"'" a plaintiff or defendant, between whom a several judgment might ^.\ be had in...the action and arising out of one of the following v* j\v causes of action : ,'t V 1 First — A cause of action arising out of the transaction set j... | |
 | Kansas - Session laws - 1859 - 726 pages
...answer. SEC. 103. The counter-claim mentioned in the last section '"»«»•'«»•«•'• must be one existing in favor of a defendant and against...judgment might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or... | |
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... 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. 
