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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,... "
Reports of Cases Determined in the Supreme Court of the Territory of Utah - Halaman 74
oleh 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, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - 1903
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - 1863 - 1154 halaman
...A counter-claim under the Code must present the following characteristics, ie : It must be a claim existing in favor of a defendant, and against a plaintiff,...be had in the action, and arising out of one of the two following causes of action : 1. A cause of action, arising out of the contract or transaction set...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863 - 1026 halaman
...mentioned in the last section, most be one existing in favor of a defendant, and against a fortl» «• plaintiff, between whom a several judgment might be...and arising out of one of the following causes of dl action : 1. A cause of action arising out of the contract or transaction set forth in the complaint,...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 halaman
...shall be one existing in favor of the defendant or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the...arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth in the complaint or answer, as the...
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Law Reform

Thomas Berry Cusack Smith - 1863 - 140 halaman
...as to enable a person of common understanding to know what is intended." Section 646 provides that " The counterclaim mentioned in the last section must be one existing in favour of a defendant, and against a plaintiff, between whom a several judgment might be had in the...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 halaman
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a...arising out of one of the following causes of action: First. A cause of action arising out of the transaction set forth in the complaint or answer, as the...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 halaman
...other. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a...arising out of one of the following causes of action: First. A cause of action arising out of the transaction set forth in the complaint .or answer, as the...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 halaman
...repetition. § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. CODE OF PBOCEDt1RE. whom a several judgment might be had in the action,...arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or transaction/^ ., -set forth in the complaint...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 40

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1864 - 716 halaman
...mentioned in that section, must, among other requisites which it is not material to consider, " arise 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,...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 halaman
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a...arising out of one of the following causes of action : First, a cause of action arising out of the transaction set forth in the complaint or answer, as...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 halaman
...defendant. SEC. 47. The counter-claim mentioned in the last section, shall be one existing in favor of the defendant, and against a plaintiff, between whom a...arising out of one of the following causes of action : First, a cause of action arising out of the transaction set forth in the complaint or answer, as...
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