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" A defendant in an action may set-off, or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages . or not... "
Principles of the Common Law: An Elementary Work Intended for the Use of ... - Sivu 209
tekijä(t) John Indermaur - 1876 - 454 sivua
Koko teos - Tietoja tästä kirjasta

The Weekly Notes

1882 - 826 sivua
...Bailway Company (Law Eep. 2 CP 593). Since tho Judicature Act, by Order xix., r. 3, a defendant might set off or set up by way of counter-claim against the claims of the plaintiff any right of claim whether it " sound in damages or not. " It was said that the liquidator had now this right,...

The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., Sivu 941

Great Britain, Thomas Preston - 1873 - 244 sivua
...shall, if the parties differ, be settled by the Judge. Counter-claims by Defendant. 20. A defendant may set off, or set up, by way of counter-claim against...set-off or counter-claim sound in damages or not, and snch set-off or counter-claim shall have the same effect as a statement of claim in a cross action,...

Parliamentary Papers, Nide 5

Great Britain. Parliament. House of Commons - 1873 - 604 sivua
...issues, and such issues shall, if the parties differ, be settled by the Judge. 20. A defendant may sct off, or set up, by way of counter-claim against the...or counter-claim sound in damages or not, and such sct-off or counter-claim shall have the same 10 effect sis a statement of claim in a cross action,...

Reports of Cases Relating to Maritime Law: Containing All the ..., Nide 4

1883 - 682 sivua
...cross-action, the judge is to do complete justice between the parties. The 3rd rule of Order XIX. says : " A defendant in an action may set off or set up, by way of counter-claim again*! the claim of the plaintiff, any right or claim. whether such set-off or counter-claim sound...

Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ...

Henry John Stephen - 1874 - 726 sivua
...that a defendant may set off, or set up by way of counter-claim, any right or claim, whether sounding in damages or not; and such set-off or counter-claim shall have the same effect the action continued by or against the plaintiff. (Vide sup. pp. 369, him, or otherwise disposed of...

The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - 1875 - 754 sivua
...Order XXVI of the Amending Act. Counter-claimt by defendant. 20. A defendant may let of, or let ttp, by way of counter-claim against the claims of the plaintiff, any right or claim, whether tuck sct-nff or comit.-rc!aitn sound in damages or not, and such set-off or ci,i:nter-alaim shall have...

A Manual of the Practice and Evidence in Actions and Other Proceedings in ...

James Edward Davis - 1876 - 536 sivua
...therein. Order IX. rule la. Order IX. rule 6a. Order IX. rule 17. ORDER IX. SPECIAL DEFENCES (k), 12. A defendant in an action may set off, or set up, by...set-off or counter-claim sound in damages or not. 13. Order IX., rule 8 (/), is hereby annulled, and the following shall stand in lieu thereof: — Where...

The County Court Statutes from 1846 to 1875: The Repealed Sections Being ...

Great Britain, George Manley Wetherfield - 1876 - 626 sivua
...which provides that, — " Where a defendant in an action sets off or sets up by way of counter claim against the claims of the plaintiff, any right or claim, whether such iet-off or counter •claAin sound in damages or not, and where a defendant is or claims to be entitled...

The Proceedings in an Action in the Queen's Bench, Common Pleas, and ...

Samuel Prentice - 1877 - 358 sivua
...should off- here be referred to. By 0. 19, r. 3, " A defendant in an action may set-off, or set-up, by way of counter-claim against the claims of the...whether such set-off or counter-claim sound in damages (a) or not, and such set-off or counter-claim shall have the same effect as a statement of claim in...

The Student's Blackstone: Being the Commentaries on the Laws of England of ...

William Blackstone - 1877 - 640 sivua
...set off as against damages ; but now the defendant may set off, or set np by way of counter-claim, any right or claim, whether such set-off or counter-claim...damages or not ; and such set-off or counter-claim has the same effect as a statement of claim in a cross action, so as to enable the court to pronounce...




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