Oklahoma Reports Volume 59-60

Oklahoma Reports Volume 59-60

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...all of which were In the case of Harris v. Warren-Smith Hardware Co., supra, Commissioner Harrison, in speaking of the doctrine as announced in the case of First National Bank v. Thompson, supra, and in construing the section of the statute here involved. says: "It is clear from this action that the counterclaim contemplated by statute must be one arising out of, or in some way connected with. the transaction set forth in plaintiiI's petition, and must he a relief so involved that a determination thereof is necessary to a complete determination or set-tlement of the questions involved in plaintiff's action. Hence, under the statutes, supra, and the case of First National Bank v. Thompson, supra. the relief sought in the two counts of plaintiffs answer does not constitute a proper counterclaim against plaintiifs action." Further on in the same opinion appears this statement: "The relief sought in defendan-t's counterclaim is as distinctly disconnected and independent of the questions involved in plaintiff's action as was the note sought to be pleaded as a defense in the First National Bank Case, supra. and a determination of the issues presented in such counterclaim could have no hearing or effect whatever in a proper determination of the is sues presented in plaintiffs petition. The plaintiff may or may not have been entitled to recover the amount sued on under the plumbing contract. The defendant may or may not have been entitled to the relief sought in his counterclaim. Testimony for or against the issues presented in plaintiifs action is wholly /irrelevant to the issues presented in defendants counterclaim, and vice versa. Hence, in order to avoid the confusion of the issues, and the testimony for...
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Product details

  • Paperback | 408 pages
  • 189 x 246 x 21mm | 726g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123679687X
  • 9781236796875