 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
 | Civil procedure - 1887 - 814 pages
...more defendants, between whom and the plaintiff a separate judgment may be hud in the 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... | |
 | Law reports, digests, etc - 1922 - 1202 pages
...the same. It appears that In that state they had a statute which permitted a defendant te plead "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," and it was held... | |
 | Civil procedure - 1887 - 656 pages
...or, in a proper case, against the person whom he represents ; and the causes referred to are those 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, on an action or... | |
 | Law reports, digests, etc - 1913 - 1336 pages
...a several judgment might be had and arising out of one of the following causes of action: First, 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; second,... | |
 | Law reports, digests, etc - 1912 - 1332 pages
...filed a demurrer on the ground that the matters stated in the amended cross-bill do not constitute a cause of action arising out of the contract or transaction set forth in the petition as the foundation of the plaintiffs claim, and they are not connected with the subject of... | |
 | Law reports, digests, etc - 1911 - 1338 pages
...In tort and Is therefore not a competent matter of consideration for the reason It does not assert a cause of action arising out of the contract or transaction set forth In plaintiff's complaint, nor Is it connected with the subject of the action. [1] It Is true the matter... | |
 | Law reports, digests, etc - 1915 - 1282 pages
...action against plaintiff's assignor for breach of contract under Code Civ. Proc. § 501, providing that a counterclaim must be a cause of action arising...complaint as the foundation of plaintiff's claim or be connected with the subject of the action. [Ed. Note. — For other cases, see Set-Off and Counterclaim,... | |
 | Law reports, digests, etc - 1916 - 1216 pages
...SUBJECT-MATTER OF COUNTERCLAIM — TORTS. Under old Municipal Court Act (Laws 1902, c. 580) § 151, declaring that a counterclaim must be a cause of action arising...contract or transaction set forth In the complaint, or, In an action on contract, any other cause of action on the contract existing at that time, defendant,... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1912 - 662 pages
...recoup against the claim for the price of labor furnished after the contract expired. Recoupment, like a counterclaim, must be a cause of action "arising...contract or transaction set forth in the complaint as the foundation of the plaintiff's claim or connected with the subject of the action." The contract,... | |
 | Law reports, digests, etc - 1890 - 1110 pages
...which plaintiff's cause of action 'This section provides that one subject of a counter-claim shall be "a cause of action arising out of the contract or transaction set forth in the complaint as the foundation oí the plaintiff's claim, or connected with the subject of the action. " V.7N.Y.8.D0.1... | |
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