 | Isaac Grant Thompson, Robley D. Cook - 1874 - 784 Seiten
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant, against a plaintiff, between whom a several judgment might be had in the action, and arising out of the contract or transaction set out in the complaint as the foundation of plaintiff's claim, or connected... | |
 | John Norton Pomeroy - 1876 - 908 Seiten
...with the second subdivision. The following are the formulas adopted in this group : " The counterclaim must be one existing in favor of a defendant and against...judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint [petition] as the foundation of the plaintiff's... | |
 | Wyoming - 1876 - 882 Seiten
...are intended to answer. SEC. 92. The counter-claim mentioned in the last section must cmmter-ciain. be one existing in favor of a, defendant, and against...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 claim, or... | |
 | Austin Abbott - 1857 - 608 Seiten
...allowed by law, and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could... | |
 | John Norton Pomeroy - 1876 - 924 Seiten
...other sort of cross-demand, aud which adopt the following formula in defining it : " The counterclaim must be one existing in favor of a defendant and against...plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913 - 676 Seiten
...Section 2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant...out of the transaction set forth in the complaint as the foundation of plaintiffs claim or connected with the subject of the action." (Italics ours.) The... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - 692 Seiten
...still further information on the subject in the code. Section 0-i provides that the counterclaim " must be one existing in favor of a defendant and against...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 claim, or... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 Seiten
...still further information on the subject in the code. Section 94 provides that the counterclaim •• must be one existing; in favor of a defendant and...judgment might be had in the action, and arising out uf the contract or transaction set forth in the petition as the foundation of the plaintiff 's claim,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1919 - 688 Seiten
...plaintiff, and until an accounting, would not be the subject of an action of law, it is not a counterclaim ' 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." The same rule was applied by... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 Seiten
...Failure to Reply: Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between...a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the foundation... | |
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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,... 
