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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. "
The Code of civil procedure, and the Criminal statutes. Approved by the ... - Page 55
by South Carolina - 1894
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 63

New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 27

Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following...subject of the action: 2. In an action arising on obligation, any other cause of action arising also on obligation, and existing at the commencement...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...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...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 arising on contract,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...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...claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853 - 810 pages
...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...1. A cause of action arising out of the contract or tnasaction set forth in the complaint, as the foundation of the plaintiff's claim or connected with...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...in favor of the defendant, and against a plaintiff, 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 in the complaint as the foundation...
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