 | United States. Congress. Senate - 1871 - Страниц: 1256
...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... | |
 | California - 1872 - Страниц: 892
...transactions, into one vi*v, to be judged as a whole. The counter claim must show a cause of action in favor of a defendant and against a plaintiff, between...whom a several judgment might be had in the action. If, for example, the claim and defense be, as they generally are, puch that the plaintiff might recover... | |
 | California - 1872 - Страниц: 774
...$ 438. (} 47.) The counter claim mentioned in the last section must be one existing in favor of à 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 : 1. A cause of action arising out of the transaction... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - Страниц: 886
...mentioned in the When counter last section must be one existing in favor of a de- jj»™ to be fendant 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: 1. A cause of action arising out of the transaction... | |
 | Montana (Ter.) - 1872 - Страниц: 802
...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 : First. A cause of action arising out of the... | |
 | New York (State). Court of Appeals - 1873 - Страниц: 684
...Palmer should have been allowed as an offset against plaintiff's claims. The referee rejected it, on the ground that it was barred by the statute of limitations....not necessary where the alleged offset is not within this'definition. The referee was, therefore, right in holding that the statute of limitations was a... | |
 | South Carolina - 1873 - Страниц: 1164
...language, without repetition. SEC. 173. 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... | |
 | William Wait - 1873 - Страниц: 950
...counter-claim which may properly be inserted in an answer, and to which a reply can be necessary, is 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... | |
 | Francis Hilliard - 1873 - Страниц: 852
...may set up in defence a counter-claim for fraud in the sale. " The counter-claim . . . 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 the contract or transaction set forth in the petition as the foundation of the plaintiff's... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1873 - Страниц: 724
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant against a plaintiff between whom a several judgment might be had in the action. and arising out of the contract or transaction set out in the complaint as the foundation of the plaintiff... | |
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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,... 
