 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...  California Decisions - Page 206by California. Supreme Court - 1915Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...circumstances, that 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 or death of the other, but the two demands must be deemed compensated, so far as they equal each other. § 649. The defendant... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands be deemed compensated, so far as they equal each other. SEC. 49. The defendant... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...that 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 assignment or death of the other, but the two demands must be deemed compensated, so far as they equal each other." In the sense in which... | |
 | District of Columbia - Law - 1857 - 788 pages
...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 or death of the other, but the two demands must be deemed compensated so far as they equal each other. SEC. 16. A set-off... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands shall be deemed compensated, so far as they equal each other. 49. The defendant... | |
 | Kansas - Session laws - 1859 - 726 pages
...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 or death of the other ; but the two demands must be deemed compensated so far as they equal each other. ' SEC. 109. The guardian... | |
 | Nebraska - Session laws - 1859 - 464 pages
...an action peneated? °° m " 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 or death or the other, but the two demands must be deemed compensated, so far as they equal each other. Guardian... | |
 | California - Civil procedure - 1860 - 388 pages
...one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment or death of the other ; but the two demands shall be deemed compensated, so far as they equal each other. 49. The defendant... | |
 | North Dakota - Session laws - 1862 - 640 pages
...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 or death of the other, but the two demands " must be deemed compensated, so far as they equal each other. SECT. 97. The guardian... | |
 | 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 - 754 pages
...circumstances that one 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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