 | North Carolina. Supreme Court - 1878 - Страниц: 760
...repetition.'' §100. And the counter claim itself is described in the next section, — " it must be one existing in favor of a defendant and against a plaintiff...whom a several judgment might be had in the action." No other replication is required of plaintiff than to controvert the counter claim or to defend himself... | |
 | New York (State). - 1869 - Страниц: 280
...Ianguage, without repetition. $ 150, The counter-claim mentioned in the last seo tion, must be one existing in favor of a defendant, and against a plaintiff,...between whom a several judgment might be had in the acuon, and arising out of one of the following causes of action : 1. A cause of action arismg out of... | |
 | Thomas Whitney Waterman - 1869 - Страниц: 800
...citing Harlan v. Lumsden, 1 Duvall, Ky. R 86). As a counter-claim under the New York Code must exist in favor of a defendant and against a plaintiff between whom a several judgment may be had in the action, a claim of the defendant that the assignor of the plaintiff, at the time... | |
 | New York (State), John Townshend - 1870 - Страниц: 896
...1852.) Counter-claim. Several defenees. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,...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 contract... | |
 | Abraham Lansing - 1870 - Страниц: 590
...face, or in law, a claim against the plaintiff individually. This is the test. It must be a claim or demand " existing in favor of a defendant, and against...whom, a several judgment might be had in the action." (Code, § 150.) It was not a demand against the plaintiff alone, but against the plaintiff, and another,... | |
 | 1870 - Страниц: 378
...distinguished. § 1 5O. (As am d in 1852.) The counterclaim mentioned in the leaf tection must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in tfte action, and arising out of one of the following causes of action : 1. A cause of action arising... | |
 | Utah (Ter.) - 1870 - Страниц: 162
...language. SEC. 47. The counter claim mentioned in the last Section, shall be one existing in favor of the 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: First — A cause of action arising out of the... | |
 | Charles W. Langdon - 1870 - Страниц: 858
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the action,, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916 - Страниц: 614
...Section 200 of the Code of Procedure says : "The counterclaim mentioned in the last section must be one existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action," etc. A counterclaim, therefore, must be a cause of action existing in favor of a defendant against... | |
 | New York (State), William Wait - 1871 - Страниц: 1034
...forth as many grounds of defense as exist. The counterclaim mentioned in the last section, must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might he had in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
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... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff,... 
