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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 California Practice Act: Being an Act Entitled "An Act to Regulate ... - Page 48
by California, Henry Jacob Labatt - 1860 - 368 pages
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...section, he cannot afterwards maintain an action against the plaintiff therefor. 648. When cross demands have existed between persons, under such circumstances,...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...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 pages
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <inin<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...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volume 1

Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 598 pages
...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...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 871 pages
...upon contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross assiifnment or death of the other ; but the two demands shall be deemed compensated, so far as they...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 699 pages
...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...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 302 pages
...the counter claim, are to be taken as admitted. — Graham v. Dunnigan, 4 Abbott, 426. 48. When cross demands have existed between persons, under such circumstances,...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...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858
...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...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859
...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...
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Session Laws

North Dakota - Session laws - 1862
...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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 17

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862
...could be pleaded as a counter claim, or set-oft', to an action brought upon the other, neither can be deprived of the benefit thereof, by the assignment or death of the other, and the two demands must be deemed compensated, so far as they equal each other." 2 RS, 61, p. 41....
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