 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; 2.  The New York Supplement - Sida 471910Obegränsad förhandsgranskning - Om den här boken
 | New York (State). - 1850 - 920 sidor
...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 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 obligation, any other cause of... | |
 | Henry Whittaker - 1852 - 900 sidor
...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 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... | |
 | New York (State) - 1852 - 606 sidor
...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 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,... | |
 | Nathan Howard (Jr.) - 1853 - 594 sidor
...the first and second subdivisions of section 150, a counter-claim is, 1st, 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. 2d. In an action arising on contract, any other cause of... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 sidor
...Code of Procedure. This counter claim is defined therein as follows : " 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 suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 sidor
...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 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... | |
 | New York (State) - 1855 - 802 sidor
...of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203.... | |
 | 1857 - 610 sidor
...statute have extended the right of the defendant by way of counter-claim, to any cause of action arising out of the contract or transaction set forth in the complaint as the cause of action ; or connected with the subject of the action ; as well as to any other causes... | |
 | District of Columbia - 1857 - 788 sidor
...action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant... | |
 | Austin Abbott - 1858 - 610 sidor
...plaintiff's claim. It is enough if the answer states a cause of action against the plaintiff, 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. Gen. T., 1856, Allen a. Haskins, 5 Duer, 332. 30. The denial... | |
| |
