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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... "
The Civil Practice Act of the State of California: As Amended, with Notes ... - Sivu 104
tekijä(t) California - 1863 - 667 sivua
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 sivua
...of the last section, he cannot afterwards maintain an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under...if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment...

The Code of Civil Procedure of the State of New York: Reported ..., Nide 2

New York (State). - 1850 - 920 sivua
...if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two demands must be deemed compensated, so far as they equal each other. § 649. The defendant may set forth by...

Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 sivua
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <i«ni»n<i«. such circumstances, that if one had brought an action...assignment or death of the other ; but the two demands be deemed compensated, so far as they equal each other. SEC. 49. The defendant may set forth by answer...

Reports of Cases Argued and Adjudged in the Superior Court of ..., Nide 1

Robert D. Handy, John H. Handy - 1855 - 638 sivua
...This matter is accordingly regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under such circumstances,...if one had brought an action against the other, a counterclaim or set-off could have been set up, neither can be deprived of the benefit thereof by the...

Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 sivua
...arising also upon contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands have existed between persons, under...neither shall be deprived of the benefit thereof, by the assiifnment or death of the other ; but the two demands shall be deemed compensated, so far as they...

The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 sivua
...not recover costs against the plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under such circumstances...if one had 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...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1858 - 320 sivua
...averments in the counter claim, are to be taken as admitted. — Graham v. Dunnigan, 4 Abbott, 426. 48. When cross demands have existed between persons, under...the other, a counter claim could have been set up, ijeither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the...

The Statutes of the Territory of Kansas

Kansas - 1858 - 482 sivua
...claim, unless permitted fendnnt tn lose ,..,«• his set off. to use it as a set-on. SEC. 99. That, when cross demands have existed between persons under...such circumstances, that if one had brought an action Cross demands n- , or counter against the other, a counterclaim or set-off could have been set claims...

General Laws of the Territory of Kansas

Kansas - 1859 - 726 sivua
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had 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...

Session Laws

North Dakota - 1862 - 640 sivua
...between per6' CIVIL PROCEDURE. when eross demands have existed. Guardians or attorneys shall answer. sons under such circumstances, that if one had 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 the assignment...




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