 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
 | John Townshend - Civil procedure - 1864 - 320 pages
...judgment might be had in the action, and arising out of one of the following causes of action : j^ 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, v or connected with the subject of the action ; ., 2. In an... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 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. NT Superior Ct.,... | |
 | John Townshend - Court rules - 1867 - 298 pages
...judgment might be had in the action, and arising out of one of the following causes of actijn : 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... | |
 | New York (State) - 1867 - 1086 pages
...judgment might be had in the action, and arising oat of one of the 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... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1867 - 782 pages
...exception. Feeny v. The feeplt't Firt Int. Company, 699 COUNTER-CLAIM. 1. A claim of the defendant not arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action, but arising upon another wholly independent contract made... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1867 - 786 pages
...Kent's Com. 1th ed. 165.) VII. A defendant may set off any demand against the plaintiff which arose out of the contract or transaction set forth in the complaint as the foundation of his claim, or which is connected with the subject of the action, or any other cause... | |
 | South Carolina - 1868 - 942 pages
...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 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1868 - 624 pages
...plaintiff's claim or demand for damages," may not all bo expressed in section 0O, thus: "a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claims, or any of them." "When the sections are carefully compared, it... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1875 - 720 pages
...this State, hereafter but one form of action," &c. CCP sec. 12. BITTISG t>. THAXTON. A counter claim must be " a cause of action arising out of the contract, or transaction set forth in tho complaint, as the foundation of the plaintiff's claim, or connected wjth the subject of tho action."... | |
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