 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1875 - 768 pages
...an answer clearly falls within the definition of a counterclaim as given in the code, being matter arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, and matter connected with the subject of the action. Johnson &... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 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...contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's claim, or connected with the subject of the action... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 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...causes of action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | Austin Abbott - Civil procedure - 1872 - 620 pages
...150, now regulates this matter. The section has two subdivisions. It permits to be counter-claimed — 1. A cause of action arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 2. In an action on contract any other cause of action... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...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 connected with the subject of the action. SKC. 93. If the defendant omit to set up the counter-claim or 1 1 defendant set>ofi', he cannot recover... | |
 | John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...found in all the codes except those of Indiana and Iowa, and which is now to be interpreted, is : "A cause of action arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's claim, or connected with the subject of the action."... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1876 - 784 pages
...it is not barred by the statute. It is not asserted that it is a counter-claim, which can only be a cause of action " arising out of the contract or transaction set forth in the petition, as the foundation of the plaintiff's claim, or connected with the subject of the action."... | |
 | Law - 1876 - 860 pages
...transaction or transactions in connection with the same subject of action," and a counterclaim may be "a cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action."... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...or of one or more defendants, between whom and the plaintiff a separate judgment may be had in the action : 1. A cause of action arising out of the contract...connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action. Code... | |
| |
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. 
