 | New York (State). - 1850 - 920 Seiten
...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 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 obligation, any other cause... | |
 | Henry Whittaker - 1852 - 900 Seiten
...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 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... | |
 | New York (State) - 1852 - 606 Seiten
...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 set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | Nathan Howard (Jr.) - 1853 - 594 Seiten
...the first and second subdivisions of section 150, a counter-claim is, 1st, 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. 2d. In an action arising on contract, any other cause... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 Seiten
...Code of Procedure. This counter claim is defined therein as follows : " 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 suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case... | |
 | New York (State) - 1855 - 802 Seiten
...of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203.... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 Seiten
...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 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... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 Seiten
...improperly pleaded. The 94th Sec. of the Code defines a counterPlatt Evens, Jr. ra. CF Hall. claim to be one which "arises out of the contract or trans"action set forth in the petition, as the foundation of the "plaintiff's claim, or connected with the subject of the action."... | |
 | District of Columbia - 1857 - 788 Seiten
...action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant... | |
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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. 
