 | John Norton Pomeroy - 1876 - Страниц: 908
...aside the verdict. After referring to § 150, the judge proceeds : " The counterclaim is to be a claim existing in favor of a defendant and against a plaintiff between whom a several judgwho are joint contractors and jointly liable, a separate judgment against one or more less than... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - Страниц: 692
...further information on the subject in the code. Section 0-i provides that the counterclaim " 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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - Страниц: 612
...2969 is as follows: "Counterclaim Defined. The counterclaim 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 transaction... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913 - Страниц: 676
...so far as material here, that "the counterclaim mentioned in the next preceding 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 transaction... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - Страниц: 588
...Procedure which are applicable are as follows: Sec. 3227, 2 Comp. Laws, 1888. The counter-claim must be one in favor of a defendant and against a plaintiff, between...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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1919 - Страниц: 688
...plaintiff, and until an accounting, would not be the subject of an action of law, it is not a counterclaim ' existing in favor of a defendant, and against a plaintiff,...whom a several judgment might be had in the action, ' within the purview of Code Civil Proc. Cal. 438, and is not valid." The same rule was applied by... | |
 | North Carolina, Albion W. Tourgée - 1878 - Страниц: 484
...Edwards, 77—271. 2 101. — 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 one of the following causes of action ; 1. A cause of action arising out of the contract... | |
 | 1908 - Страниц: 1282
...Revised Code of Civil Procedure provides: "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 be had Jn the action, and arising out of one of the following causes of action: (1) A cause of action arising... | |
 | Benjamin Vaughan Abbott - 1879 - Страниц: 1054
...establishes his counter-claim also, he recovers judgment for the latter. A counter-claim must be one "existing in favor of a defendant and against a plaintiff, between whom a several judgment might be bad in the action, and arising out of one of the following causes of action : 1. A cause of action... | |
 | 1912 - Страниц: 1262
..."SAME TRANSACTION." Code Civ. Proc. § 127, stibd. 1, provides that a counterclaim must be a claim existing in favor of a defendant and against a plaintiff, between whom a several judgment may be had in the action, and arising out of the contract or transaction set forth in the complaint... | |
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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,... 
