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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. "
Select Cases on Code Pleading: With Notes - Seite 248
von Austin Abbott - 1895 - 714 Seiten
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 63

New Jersey. Court of Chancery - 1903 - 930 Seiten
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject...
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Band 27

Arkansas. Supreme Court - 1873 - 782 Seiten
...plaintiffs or some of them, arising out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's 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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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...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...claim, or connected with the subject of the action: 2. In an action arising on obligation, any other cause of action arising also on obligation, and existing...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 Seiten
...may demur. When defense must he filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's 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,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Band 1

Kentucky - 1851 - 548 Seiten
...may demur. When defense must be filed. out of the contract or transactions set forth in the petition, as the foundation of the plaintiff's 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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...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...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 existing...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...several judgment might be liad 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...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,...
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Practice Reports in the Supreme Court and Court of Appeals, Band 8

Nathan Howard (Jr.) - 1853 - 594 Seiten
...counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract or transaction...claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause of action arising also on contract, and existing...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 Seiten
...following !,' , causes of action : 1. A cause of action arising out of the contract or tnasaction 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 existing...
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