 ... 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 97napisao/la Kansas - 1859Potpun prikaz - O ovoj knjizi
 | California - 1872 - Broj stranica: 774
...430; 30 Cal. 173, 43Э; 31 Cal. 225; 32 Cal. 620; 40 Cal. 100, 4Л5. $ 438. (} 47.) The counter claim mentioned in the last section must be one existing in favor of à defendant and against a plaintiff, between whom a several judgment might be had in the action, and... | |
 | South Carolina - 1873 - Broj stranica: 1164
...or counter claim, in ordinary and concise language, without repetition. SEC. 173. The counter claim mentioned in the last Section must be one existing...judgment might be had in 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... | |
 | New York (State), John Townshend - 1873 - Broj stranica: 960
...293 ; see Lewis v. Palmer, 28 NT 271). ' l.»O. (Am'd 1849, 1862.) Counter-claim. Several defenses. The counter-claim mentioned in the last section, must...several judgment might be had in the action, and arising ont of one of the following causes of action : 1. A cause of action arising out of the contract or... | |
 | William Wait - 1873 - Broj stranica: 950
...counter-claim which may properly be inserted in an answer, and to which a reply can be necessary, is one existing in favor of a defendant and against a...judgment might be had in 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... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1873 - Broj stranica: 724
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant against a plaintiff between whom a several judgment...and arising out of the contract or transaction set out in the complaint as the foundation of the plaintiff s claim, or connected with the subject of the... | |
 | New York (State). Court of Appeals - 1873 - Broj stranica: 684
...rendered upon it against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff,...a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this definition. The referee was, therefore,... | |
 | New York (State). Court of Appeals - 1873 - Broj stranica: 684
...rendered upon it against the plaintiff. The Code, section 150, defines a counter-claim as a demand existing in favor of a defendant, and against a plaintiff,...a several judgment might be had in the action, and a reply is not necessary where the alleged offset is not within this'definition. The referee was, therefore,... | |
 | Ohio. Supreme Court - 1906 - Broj stranica: 554
...Statutes, where set-off is defined as a cause of action existing in favor of a defendant and against the plaintiff, between whom a several judgment might be had in the action, etc. ; providing further for the making of a new party where necessary to a full decision on the set-off... | |
 | Isaac Grant Thompson, Robley D. Cook - 1874 - Broj stranica: 784
...judgment for that sum. To constitute a counter-claim, it must be a claim existing in favor of a defendant, against a plaintiff, between whom a several judgment...and arising out of the contract or transaction set out in the complaint as the foundation of plaintiff's claim, or connected with the subject of the action,... | |
 | New York (State). Court of Appeals - 1874 - Broj stranica: 732
...Procedure. Taylor v. Root. By section 150, a counter-rliiim must be one, existing :.i favor of a dcfendan t and against a plaintiff, between whom a several judgment might be had in the action. As in the case of payment to one of the plaintiffs of his share in full or in part, the judgment might... | |
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