 | Ohio. Supreme Court - 1906 - Страниц: 554
...Statutes, where set-off is defined as a cause of action existing in favor of a defendant and against the plaintiff, between whom a several judgment might be had in the action, etc. ; providing further for the making of a new party where necessary to a full decision on the set-off... | |
 | Ohio, George E. Seney - 1874 - Страниц: 896
...1 Handy, 434. SEC. 94. COUNTER-CLAIM. 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 the contract or transaction set forth in the petition as the foundation of the plaintiff's... | |
 | Wyoming - 1874 - Страниц: 302
...intended to answer. SEC. 92. The counter-claim mentioned in the last section Couater-eiui.n. 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... | |
 | Isaac Grant Thompson, Robley D. Cook - 1874 - Страниц: 784
...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 plaintiff's... | |
 | California - 1876 - Страниц: 888
...Cal.620;40 Cal. 100, 425. J 438. ($ 47.) The counter claim mentioned in the last section must bo 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 transaction... | |
 | California, Theodore Henry Hittell - 1876 - Страниц: 986
...When counter-claim to be set up. SEC. 438. The counter-claim mentioned in the last section must be one me memorandum thereof, be in writing, and either subscribed...by or in the handwriting of the party to be charged arising out of one of the following causes of action : 1. A cause of action arising out of the transaction... | |
 | Wyoming - 1876 - Страниц: 882
...intended to answer. SEC. 92. The counter-claim mentioned in the last section must cmmter-ciain. 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... | |
 | Austin Abbott - 1857 - Страниц: 608
...and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against a plaintiff,...whom a several judgment might be had in the action. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
 | John Norton Pomeroy - 1876 - Страниц: 924
...cross-demand, aud which adopt the following formula in defining it : " The counterclaim must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising... | |
 | Austin Abbott - 1872 - Страниц: 620
...counter-claim is available as a defense, under section 150 of the Code, which provides that it " must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment may be had in the action." Upon such an obligation, the obligors could be sued jointly or separately,... | |
| |
... 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,... 
