...Amendments 1873-4, 300; took effect July 1, 1874.(a) 10.438. When counter-claim to be set up. SEC. 438. 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 action : 1. A cause of action arising out of the transaction set forth...

...32 Cal.620;40 Cal. 100, 425. J 438. ($ 47.) The counter claim mentioned in the last section must bo 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 transaction set forth...

...allowed by law, and now applied for leave to reply. Danenhover a. March. DAVIES, J. — A counter-claim must be one existing in favor of a defendant and against...whom a several judgment might be had in the action. It is apparent that the defendant sets up no indebtedness of the plaintiff to him on which he could...

...other sort of cross-demand, aud which adopt the following formula in defining it : " The counterclaim must be one existing in favor of a defendant and against...plaintiff between whom a several judgment might be had iti the action, aud arising out of one of the following causes of action : 1. A cause of action arising...

...aside the verdict. After referring to § 150, the judge proceeds : " The counterclaim is to be a claim existing in favor of a defendant and against a plaintiff between whom a several judgwho are joint contractors and jointly liable, a separate judgment against one or more less than...

...controverted by the defendant, or of any knowledge or information thereof sirllicient to form a belief. 2 150. The counterclaim mentioned in the last section must be one existing in mvor of a defendant, rmci against a plaintiff', between whom a several jndgment might be had. in the...

...Section 2969 provides. so far as material here, that "the counterclaim mentioned in the next preceding section must be one existing in favor of a defendant...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 transaction set forth...

...still further information on the subject in the code. Section 94 provides that the counterclaim •• must be one existing; in favor of a defendant and...judgment might be had in the action, and arising out uf the contract or transaction set forth in the petition as the foundation of the plaintiff 's claim,...

...Procedure which are applicable are as follows: Sec. 3227, 2 Comp. Laws, 1888. The counter-claim must be one in favor of a defendant and against a plaintiff, between...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 transaction set forth...

...Failure to Reply: Effect. Revised Statutes, section 2969, defines a "counterclaim" as one eiiating in favor of a defendant and against a plaintiff between...a several judgment might be had in the action, and constituting a cause of action arising out of the transaction set forth in the complaint as the foundation...