 | Commerce - 1859 - 782 pages
...favor of a defendant against a plaintiff, fora cause of action arising ont of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | 1859 - 788 pages
...favor of a defendant against a plaintiff, fora cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1859 - 804 pages
...favor of a defendant against a plaintiff, fora cause of action arising put of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim, or connected with the subject of the action. (Sub. 1.) The transaction out of which the plaintiffs' claim arises, or on which it is founded, is... | |
 | Kansas - Session laws - 1859 - 728 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. SEC. 104. If the defendant omit to set up the counter-claim Sfl^V.oSta"'" or set-off, he cannot recover... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...defined, " 1st. A cause of action arising out of the contract or transaction set forth in the plaintiff's complaint as the foundation of the plaintiff's 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," &c. A... | |
 | North Dakota - Session laws - 1862 - 640 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. SECT. 92. If the defendant omit to set up the counter ^"^"e1™' claim or set-off, he cannot recover... | |
 | Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...causes of action.'1 1st. — " A cause of action arising out of the conduct or transaction set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action." 2ndly. — " In an action arising on obligation, any other cause of action also arising on obligation,... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...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 arising 011 contract, any other cause of action arising also on contract, and existing... | |
 | Nathan Howard (Jr.) - Civil procedure - 1863 - 626 pages
...or ground of action. They must, therefore, be considered as wholly distinct from the contracts and transactions set forth in the complaint as the foundation of the plaintiff's claim. Nor are they pleaded as a defence to the action, except by way of counter-claim. The question therefore... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...states a cause of action 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. NT Superior Ct., 1856, Allen ». Haskins, 5 Duer, 332. 320. To a complaint on a note, the answer of... | |
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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. 
