Practice Pleading And Forms Adapted to the New Revised Code of Indiana With a
Practice Pleading And Forms Adapted to the New Revised Code of Indiana With a
Ties20under20the20practice20at20common20law
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617, 666. 3. Recoupment is a counter-claim. Ante, vol. 1, 3666; Standley v. North-western, etc. , Ins. Co. , 95 Ind. 254. For the practice generally in case of counter-claim, and %vhen such a plead- ing may properly be interposed, see ante, vol. 1, j) 664-681 ; Standley v. North- western, etc. , Ins. Co. , 95 Ind. 254 ; Terre Haute, etc. , R. R. Co. V. Pierce, 95 Ind. 496; McConnack Harvesting, etc. , Co. ?. Gray, 100 Ind. 285; Catterlin v. Armstrong, 101 Ind. 258; Luntz v. Greve, 102 Ind. 173.... CROSS-COMPLAINT. 408 SECTION CVI. CROSS-COMPLAINT. 574. Of suretyship. [Caption. ] , who is made a defendant in the above cause, for cross-com- plaint against the plaintiff and his co-defendants, and, al- leges : That he executed the note sued on in this action as the surety of, and received no part of the consideration therefor. Wherefore, he prays the court that execution may be first levied upon the property of said before resorting to the property of this plaintiff. [Signature. ] 1. Cross-complaint is commencement of a new action.
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