The Revised Code of the District of Columbia

The Revised Code of the District of Columbia

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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. 1857 edition. Excerpt: ...thereof sufficient to form a belief; 2. A plain and concise statement of any new matter constituting a defence, counter-claim or set-off, without unnecessary repetition. Sec. 12. The defendant may set forth in his answer as many grounds of defence, counter-claim, or set-off, as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. They shall be stated separately and refer to the causes of action which they are intended to answer, in any manner by which they may be intelligibly distinguished. Sec 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. Sec. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant omit to set up the set-off, he shall not recover costs against the plaintiff in any subsequent action thereon. Sec. 15. When cross-demands have existed between persons 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 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 can only be pleaded in an action founded on contract, and must be a cause of action arising upon contract more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236930673
  • 9781236930675