 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.  Wisconsin Reports - Page 122by Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1917Full view - About this book
 | Nathan Howard (Jr.) - Civil procedure - 1857 - 614 pages
...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,... | |
 | Civil procedure - 1857 - 610 pages
...It was a claim of the defendant Bloomer only. 3. It was not a cause of action on contract, nor one arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 4. That a several judgment could not be had between the... | |
 | Austin Abbott - Civil procedure - 1858 - 610 pages
...of the plaintiff's claim. It is enough if the answer 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. Gen. T., 1856,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1858 - 616 pages
...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... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 706 pages
...equitable cognizance. The counter-claim, therefore, which the defendant is authorized to interpose, must be 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. (Code, § 150,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...the tenant from such a trespass. The counter-claims which the Code authorizes are 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1862 - 612 pages
...with cruelty and inhumanity so as <? entitle her to a limited divorce, it does not appear to me to be a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff 'a claim, or in any legitimate sense connected with the subject of... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...judgment might be had in the action, and arising out of one of the two 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... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 812 pages
...APPOINTMENT. COHBTITDTIONAL LAW, 248, 249. COUNSELLOR ATTORNEY AND CLIENT. COUNTER-CLAIM. out of — 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of plaintiffs claim, or connected with the subject of the action. 2. In an action arising... | |
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