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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 ... - Page 209
by John Indermaur - 1876 - 454 lehte
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The Weekly Notes

1882 - 826 lehte
...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,...
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., lk 941

Great Britain, Thomas Preston - 1873 - 244 lehte
...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,...
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Parliamentary Papers, 5. köide

Great Britain. Parliament. House of Commons - 1873 - 604 lehte
...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,...
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Reports of Cases Relating to Maritime Law: Containing All the ..., 4. köide

1883 - 682 lehte
...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...
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Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ...

Henry John Stephen - 1874 - 726 lehte
...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...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - 1875 - 754 lehte
...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...
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A Manual of the Practice and Evidence in Actions and Other Proceedings in ...

James Edward Davis - 1876 - 536 lehte
...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...
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The County Court Statutes from 1846 to 1875: The Repealed Sections Being ...

Great Britain, George Manley Wetherfield - 1876 - 626 lehte
...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...
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The Proceedings in an Action in the Queen's Bench, Common Pleas, and ...

Samuel Prentice - 1877 - 358 lehte
...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...
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The Student's Blackstone: Being the Commentaries on the Laws of England of ...

William Blackstone - 1877 - 640 lehte
...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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