Reports of Cases Determined in the Supreme Court of the State of California (Volume 57)
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Reports of Cases Determined in the Supreme Court of the State of California (Volume 57)

Reports of Cases Determined in the Supreme Court of the State of California (Volume 57)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... No. 7,417.--Department Two. THOMAS JEFFEEYS v. HENRY HANCOCK Cross Complaint.--in an action for work and labor, the defendant, by leare of the Court, filed a cross-complaint for damages from an excessive attachment levy on defendant's property in the same action. Held, that such matter constituted no defense or counter-claim or matter of cross-complaint to plaintiff's action. Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Seventeenth District Court, Loa Angeles County. Sepulveda, J. Henry Hancock, Appellant in person. There is no authority under our Code for contending that the cross-complaint should pertain to matters occurring previous to the filing of the complaint. By 438, Code Civ. Proa, relative to a counter claim, subdivision two, the ground must be existing at the commencement of the action; " but under 442 it may be filed subsequently by leave of Court, as was done in the present case. Bicknell & White, for Respondent. The facts as alleged do not constitute a counter-claim, as they do not arise out of the transaction set forth in the complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action, and do not arise upon contract, and it appears upon the face of the so-called cross-complaint that the claim did not exist at the commencement of the action. In short, it is not within a single provision of 438, Code Civ. Proa The Coubt: This action was brought to recover the sum of $710, claimed by the plaintiff to be due him from defendant for services rendered, and for board paid by him under a contract with the defendant. The case was tried by a jury, and a verdict was rendered for the sum of $683. Two points were made on the appeal: First, that...


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Product Details
  • ISBN-13: 9781154220643
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 242
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154220648
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr

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