 | California. Supreme Court - 1913 - Broj stranica: 1034
...as a cross-demand, within Code of Civil Procedure, section 440, providing that "when cross-demands have existed between persons under such circumstances...if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal... | |
 | California. Supreme Court - 1913 - Broj stranica: 1028
...Code of Civil Procedure, which provides : "When cross-demands have existed between persons under 8Hch circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated so far as they equal... | |
 | California - 1915 - Broj stranica: 1528
...and Amdts. 1906-7, p. 439. §440. COUNTERCLAIM NOT BARRED BY DEATH OR ASSIGNMENT. When cross-demands have existed between persons under such circumstances...if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so tar as they equal... | |
 | California - 1915 - Broj stranica: 1356
...forth in the complaint." §440. Counterclaim not barred by death or assignment. When cross-demands have existed between persons under such circumstances...if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal... | |
 | 1917 - Broj stranica: 534
...34 Cyc. 717 n.40. 49Cal. Code Civ. Proc., § 438. But cf., § 440, which provides that "When cross demands have existed between persons under such circumstances...if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal... | |
 | 1917 - Broj stranica: 1214
...should be deemed compensated so far as they equal each other. That section provides: "When cross-demands have existed between persons under such circumstances that, if one had brought an action agaiust the other, a cminUTfTaim or set-off could have been set up, neither can be deprived of the... | |
 | Oberlin Historical and Improvement Organization, Ohio - 1918 - Broj stranica: 896
...decision of a court. It can be pleaded only in an action founded on contract." "Sec. 11321. When cross demands have existed between persons under such circumstances...brought an action against the other a counter claim or set-off could have been set up, neither can be deprived of the benefit thereof by assignment by... | |
 | Arthur B. Honnold - 1922 - Broj stranica: 894
...United States for any balance found due.11 § 624. Cross-demands — Deprivation "When cross-demands have existed between persons under s,uch circumstances...if one had brought an action against the other, a counterclaim or set-off could have been set up, neither can 1 be deprived of the benefit thereof by... | |
 | California - 1923 - Broj stranica: 600
...afterwards maintain an action against the plaintiff therefor. —1907-706. 440. When cross-demands have existed between persons under such circumstances...if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal... | |
 | California - 1923 - Broj stranica: 952
...741, 751, 51 Pac. 779. § 440. COUNTER-CLAIM NOT BARRED BY DEATH OR ASSIGNMENT. When cross-demands sioner for such county or city aiKl county, who shall...receive a salary of three hundred dollars per month, no counter-claim could have been set up, the two demands shall be deemed compensated, so far as they equal... | |
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When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... 
