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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... "
Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ... - 502. oldal
szerző: Henry John Stephen - 1874 - 2886 oldal
Teljes nézet - Információ erről a könyvről

The Albany Law Journal: A Monthly Record of the Law and the ..., 53-54. kötet

1896 - 866 oldal
...right or claim whether sounding in damages or not. and such counterclaim shall have the same effect as a cross action, so as to enable the court, to pronounce...action, both on the original and on the cross claim. This is a salutary rule and one which prevents the injustice permitted by our absurd rule that a counterclaim...

Parliamentary Papers, 5. kötet

Great Britain. Parliament. House of Commons - 1873 - 604 oldal
...counter-claim sound in damages or not, and such sct-off or counter-claim shall have the same 10 effect as a statement of claim in a cross action, so as to...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 ..., 941. oldal

Great Britain, Thomas Preston - 1873 - 244 oldal
...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, so as to...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 ..., 4. kötet

1883 - 682 oldal
...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 oldal
...counter-claim sound in 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 ''...• ' 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...

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

Wynne E. Baxter - 1874 - 452 oldal
...may sound in damages or not, RP 20, p. 72. 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 Ct. to pronounce a final judgment in the same action both on the original and on the cross claim, RP...

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

Sir William Thomas Charley - 1875 - 754 oldal
...comit.-rc!aitn sound in 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...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 oldal
...sound in liquid or not. 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...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 oldal
...counter-claim sound in 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...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 oldal
...counter-claim sound in 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...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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