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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,... "
The Statutes of the Territory of Kansas - Halaman 78
oleh Kansas - 1858
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Reports of Civil and Criminal Cases Decided by the Court ..., Volume 2;Volume 59

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1860 - 730 halaman
...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...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 halaman
...what is intended. Amended C>de, $ 149. § 646. The counterclaim mentioned in the last section, must b3 one existing in favor of a defendant, and against...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...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 halaman
...(Amended 1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against...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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 halaman
...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...
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Laws of the State of New York

New York (State) - 1852 - 836 halaman
...without repetition. A wTwai § 150.' The counter-claim mentioned in the last section, ITO£'"W "id must be one existing in favor of a defendant, and against a iriSus"!™ plaintiff, between whom a several judgment might be had r )]imTius":0 m t'ie acti°D5 an(l...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - 1853 - 594 halaman
...intended to answer. 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...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...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 halaman
...repetition. What consti- SKO. 55. The counter claim mentioned in the last section. • tor^aimOUI1 must be one existing in favor of a defendant and against...plaintiff, between whom a several judgment might be I; . had in the action, and arising out of one of the following !,' , causes of action : 1. A cause...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 halaman
...counter claim, in ordinary and concise language. Demurrer to complaint. 526 one existing in favor of the defendant, and against a plaintiff, between whom a several judgment might be had in tho action, and arising out of one of the following causes of action : 1st. A cause of action arising...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 halaman
...(Amended 1849-1852.) Counter Claim. Several defences. The counter-claim mentioned in the last section, must be one existing in favor of a defendant, and...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...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 halaman
...the Code is too clear and explicit to be misunderstood. The counter-claim mentioned in section 150, must be one existing in favor of a defendant and against a plaintiff, between whom & several judgment might be had in the action, and arising out of one of the following causes of action....
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