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" A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff,... "
The Code of Civil Procedure of the State of New-York - Stranica 267
napisao/la New York (State). Commissioners on Practice and Pleadings - 1850 - Broj stranica: 791
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Reports of Cases Decided in the Court of Chancery of the State of ..., Opseg 63

New Jersey. Court of Chancery - 1903 - Broj stranica: 930
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - Broj stranica: 606
...1849-1852.) Counterclaim. Several defenses — The counter-claim mentioned in the last section, must be one existing in favor of a defendant and against a...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 - Broj stranica: 900
...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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Practice Reports in the Supreme Court and Court of Appeals, Opseg 8

Nathan Howard (Jr.) - 1853 - Broj stranica: 594
...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 against...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 - Broj stranica: 810
...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 a...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 - Broj stranica: 1108
...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 Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ...

New York (State). Supreme Court, John Anthon - 1854 - Broj stranica: 442
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...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 ranges itself very...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - Broj stranica: 802
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction...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....
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Reports of Cases Argued and Determined in the Superior Court of the ..., Opseg 8

John Duer, New York (State). Superior Court (New York) - 1855 - Broj stranica: 738
...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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General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856 - Broj stranica: 334
...repetition. What const!- Sue 55. The counter claim mentioned in the last section, tcr"claim.Uim' muse be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might b» had in the action, and arising out of one of the following causes of action : 1. A cause of action...
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