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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,... "
General Laws of the Territory of Kansas - Stranica 97
napisao/la Kansas - 1859
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - Broj stranica: 774
...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 action, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth...
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Law Reform

Thomas Berry Cusack Smith - 1863 - Broj stranica: 140
...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 - Broj stranica: 762
...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...judgment might be had in the action, and arising out of one of the following causes of action: First. A cause of action arising out of the transaction set...
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Laws of the Territory of Idaho

Idaho - 1864 - Broj stranica: 734
...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...judgment might be had in the action, and arising out of one of the following causes of action: First. A cause of action arising out of the transaction set...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - Broj stranica: 320
...repetition. § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. CODE OF PBOCEDt1RE. whom a several judgment might be had in the action, and arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or transaction/^...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - Broj stranica: 792
...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...judgment might be had in the action, and arising out of one of the following causes of action : First, a cause of action arising out of the transaction set...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - Broj stranica: 802
...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...judgment might be had in the action, and arising out of one of the following causes of action : First, a cause of action arising out of the transaction set...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - Broj stranica: 298
...sufficient to form a belief; § 15O. [129.] (Am'd 1849, 1852.) Counter-claim.— Severa 1 defences. The counter-claim mentioned in the last section must...judgment might be had in the action, and arising out of one of the following causes of actijn : 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 to 1866, with ...

New York (State) - 1867 - Broj stranica: 1086
...Toronto v. Hunter, 20 How. f~ § 150. [129.] (Am'd 1849, 1852.) Counter-claim. Several defences. •. The counter-claim mentioned in the last section, must...several judgment might be had in the action, and arising oat of one of the following causes of action : — 1. A. cause of action arising out of the contract...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Opseg 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - Broj stranica: 644
...have been tried and determined in his favor. But I think this point is not well taken. A counterclaim must be one " existing in favor of a defendant, and...whom a several judgment might be had in the action." Upon McKay's own statement which he offered to verify, I do not see that anything was in litigation...
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