 | Missouri. Supreme Court - 1914 - 886 Seiten
..."counterclaim" must arise and amends the very old rule of practice so that now defenses and counterclaims may be such as have been "heretofore denominated legal or equitable, or both." [Sec. 1807.] In Chambers v. Chambers, 227 Mo. 262, plaintiff sued under old section 650 to quiet title,... | |
 | 1892 - 1284 Seiten
...existing at the commencement uf the action. The defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such...heretofore denominated legal or equitable, or both." The test of a counterclaim U whether the defendant could have maintained an independent action on the... | |
 | California - 1909 - 2106 Seiten
...defenses and counterclaims as he may have. They must be separately stated, and the several defenses must refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished. The defendant may also answer one or more... | |
 | 1910 - 1426 Seiten
...635) it is provided: "Sec. 605.—* * » The defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such...equitable, or both. They must each be separately stated in such manner that they may be intelligibly distinguished, or refer to the cause of action which they... | |
 | Missouri. Supreme Court - 1910 - 874 Seiten
...bottomed on the express statutory provision that the defendant may set forth by answer as many defenses as he may have whether they be such as have been heretofore denominated legal or equitable or both. [McCollum v. Boughton, 132 Mo. 620.] The right to plead both a legal and equitable defense in one answer... | |
 | William Angus Sutherland - 1910 - 1052 Seiten
...defenses and counterclaims as he may have. They must be separately stated, and the several defenses must refer to the causes of action which they are intended to answer in a manner by which they may be intelligibly distinguished. The defendant may also answer one or more... | |
 | 1911 - 2152 Seiten
...legal or equitable, or both, they shall each be separately stated ; and the several defenses shall refer to the causes of action which they are intended to answer in a manner by which they may be intelligibly distinguished." May the defendant, under this section, interpose... | |
 | Edson Read Sunderland - 1913 - 780 Seiten
...It is true that it further provides that the defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such...heretofore denominated legal, or equitable, or both. This is all the authority there is for claiming that, under the code, the defendant is allowed to plead... | |
 | 1913 - 1332 Seiten
...(§ 5627, Сотр. Laws 1909) ; and defendant may set forth in his answer as many grounds of defense as he may have, whether they be such as have been...heretofore denominated legal or equitable, or both. Сотр. Laws 1909, § 5634. Under these provisions of the Code, defendant in the instant case could... | |
 | 1913 - 1000 Seiten
...Pleadings in general. SCB-SEC. 33. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of : First. The same transaction or transactions connected with the same subject... | |
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The defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. 
