...demurrer properly overruled ? Any cause of action in favor of the defendant, which arises out of the transaction set forth in the petition, as the foundation of the plaintiff's claim, may be relied upon as a counter claim. A counter claim is substantially a cross action by the defendant...

...or some of them, against the plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action." Section 117, Civil Code. A counter claim, co nomine, was unknown in the former system of pleading;...

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...intended. Amended Cjde, § 149. § 646. The counterclaim mentioned in the last section, must bs one existing in favor of a defendant, and against a plaintiff,...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 or transaction...

...insufficient, defendant may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new parly is necessary to a. final decision upon the counter-claim,...

...insufficient, defendant may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the...claim, or connected with the subject of the action. § 153. When it appears that a new party is necessary to a final decision upon the counter-claim, the...

...1849-1852.) Counterclaim. Several defenses — The counter-claim 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 liad in the action, and arising out of one of the following causes of action : 1. A cause of action...

...indispensable requisites to a valid counter-claim now being — 1, that it must be an existing claim in favor of a defendant and against a plaintiff, between whom a several judgment might be rendered ; 2, that it must be a cause of action arising out of the contract or transaction on which...

...action: 1. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and exibtiug...

...Now it defines what the counter claim, mentioned in section 149, is. The 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. In the present case the defendants undertook and promised jointly and severally, and a several judgment...