 | 1884 - Страниц: 880
...be. Section 438, С. С. P., declares that the counter-claim, mentioned in section 437, 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... | |
 | 1884 - Страниц: 1268
...Section 438, Code Civil Proc., declares that the counter-claim mentioned in section 437 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: (l) A cause of action arising out of the transaction... | |
 | 1887 - Страниц: 956
...plaintiff, and until an accounting, would not be the subject of an action at law, it is not a counter-claim "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. 4. SAME — SEPARATE CONTRACTS.... | |
 | 1915 - Страниц: 1230
...describes a counterclaim in part as follows: "The counterclaim mentioned in section 73 must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in thé action, and arising out of one of the following causes of action. * » * "(2) In an action arising... | |
 | 1918 - Страниц: 1214
...with the subject of the suit." The provisions of section 74 require that a counterclaim must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had ta the action, and arising out of one of the following causes of action : "(1) A cause of action arising... | |
 | 1916 - Страниц: 1228
...reads as follows : "The counterclaim mentioned in the last section must be one existing in favor of n defendant and against a plaintiff between whom 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... | |
 | 1891 - Страниц: 1158
...damages, purely a counter-claim, in which case, of course, the demand "must be one existing in favor of defendant, and against a plaintiff, between whom a several judgment might be had in the action. " Code Civil Proc. § 438. In this case a cross-complaint is proper to determine the question as to... | |
 | 1897 - Страниц: 1148
...the Code of Procedure provides that the counterclaim mentioned in the preceding section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might Inhad in the action, and arising out of one of the following causes of action: (1) A cause of action... | |
 | Utah - 1884 - Страниц: 666
...when counter SBC. 301. The counter claim mentioned in the last claim to beset geetion must 1x3 one existing in favor of a defendant and against a plaintiff', between whom a several judgment might IKJ had in the action,'and arising out of one of the following causes of action: 1. A cause of action... | |
 | 1921 - Страниц: 1150
...from disease. Akers is not a party to the action. A counterclaim must be one in favor of a defendant against a plaintiff "between whom a several judgment might be had In the action." Code Civ. Proc. § 438. Appellant claims that if, as alleged by respondents in their counterclaims,... | |
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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,... 
