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" A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect... "
The Albany Law Journal: A Monthly Record of the Law and the Lawyers - Sivu 107
1896
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Parliamentary Papers, Nide 5

Great Britain. Parliament. House of Commons - 1873 - 604 sivua
...or not, and such sct-off or counter-claim shall have the same 10 effect sis a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in the opinion of...

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

Great Britain, Thomas Preston - 1873 - 244 sivua
...damages or not, and snch set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...in the same action, both on the original and on the cross-claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in...

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

1883 - 682 sivua
...counterclaim shall have the same effect as a statement of claim in t cross- action, so as to enable the coon to pronounce a final judgment in the same action. both on the original and on the cross-claim.' And Order XXII., r. 10, says : " Where in anj action a set-off or counter-claim is established...

Outlines of Equity: Being a Series of Elementary Lectures on Equity ...

Freeman Oliver Haynes - 1874 - 570 sivua
...not, and such set-off or counter-claim • ' shall have the same effect as a statement of claim in a cross action, so as '' to enable the Court to pronounce...• ' both on the original and on the cross claim. But the Court or a judge • ' may, on the application of the plaintiff before trial, if in the opinion...

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

Henry John Stephen - 1874 - 726 sivua
...mind that it is not eeery aetion the by statute, see Edwards r. Hodges, as a statement of claim in a cross action, so as to enable the court to pronounce...action, both on the original and on the cross claim; and where the set-off or counter-claim is established, the court may, if the balance be in favour of...

The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - 1874 - 452 sivua
...damages or not, and such sct-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in the opinion of...

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

Sir William Thomas Charley - 1875 - 754 sivua
...damages or not, and such set-off or ci,i:nter-alaim shall have th,' same efeet as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or » Judge may, on the application of the plaintiff before trial, if in the opinion...

The Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - 1875 - 700 sivua
...damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a Judge' may, on the application of the Court may replaintiff before trial, if in...

The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - 1875 - 592 sivua
...damages or not, and such set-off or counterclaim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce...action, both on the original and on the cross claim. But the Court or a judge may, on the application of the plaintiff before trial, if in the opinion of...

Principles of the Common Law: An Elementary Work Intended for the Use of ...

John Indermaur - 1876 - 530 sivua
...damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the court to pronounce...action both on the original and on the cross claim. But the court or a judge may, on the application of the plaintiff before trial, if in the (r) Brown's...




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