THE following is the unpretending narrative of the life of a remarkable and meritorious woman—a life which has been checkered by strange vicissitudes, severe hardships, and singular adventures. Born a slave, and held in that brutal condition until the entire abolition of slavery in the State of New York inshe has known what it is to drink to the dregs the bitterest cup of human degradation. That one thus placed on a level with cattle and swine, and for so many years subjected to the most demoralizing influences, should have retained her moral integrity to such an extent, and cherished so successfully the religious sentiment in her soul, shows a mind of no common order, while it heightens the detestation that is felt in every humane bosom, of that system of oppression which seeks to cripple the intellect, impair the understanding, and deprave the hearts of its victims—a system which has subjected to its own foul purposes, in the United States, all that is wealthy, talented, influential, and reputedly pious, in an overwhelming measure!
Table of Contents a Compulsory counterclaims A pleading shall state as a counterclaim any claim for relief the court has power to give which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not either require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction or constitute an action required by law to be brought in a county or judicial district, as the case may be, other than the county or judicial district in which the court is sitting.
But the pleader need not state the claim if 1 at the time the action was commenced the claim was the subject of another pending action, or 2 the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13, or 3 if part or all of the pleader's claim is based upon property damage arising out of a collision, personal injury, including actions for consequential damages, or death.
It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
It had been included in the original version of the Mass. It should be noted that Rule 13 jwhich did not appear in the District Court version of the Rules, appears in the merged set of Rules.
Rule 13 changes prior practice. Under prior practice, by statute, G. The respective claims of the plaintiff and the defendant need not have arisen out of the same transaction; but they must have been mutual.
Thus if a plaintiff sued two defendants on, say, a note, the claim sought to be set off must have been due from the plaintiff to both defendants, G. Volunteer Cooperative BankMass. Holmes10 Cush. Affirmative relief was available. At common-law, a defendant could seek recoupment, provided: GrausteinMass.
In equity, a defendant could plead a counterclaim.
If the defendant's claim arose out of the subject matter of the suit, and could itself support an independent suit in equity, the counterclaim was compulsory. The counterclaim was, however, only permissive if the defendant's claim: A counterclaim had the same effect as a cross-bill in equity; it enabled the court in appropriate circumstances to grant affirmative relief.
Cross-claims, that is, claims against one or more co-parties, could be brought either: Rule 32whose strictures have just been discussed. Rule 13 a greatly simplifies pre-existing procedure.
Basically, with exceptions discussed below, it requires a defendant or third-party defendant hereinafter jointly referred to as "defendant" to assert against the plaintiff or third-party plaintiff hereinafter "plaintiff" any claim which the defendant may have against the plaintiff provided the claim arises out of the factual nexus of the plaintiff's claim.
The requirement is mandatory if the counterclaim arises out of the transaction or occurrence which is the subject of the plaintiff's claim; the defendant must assert it, or forever lose it.
Such a counterclaim is denominated "compulsory" precisely because failure seasonably to raise it permanently forfeits it. This feature sharply differs from prior Massachusetts practice, at least with regard to set-off.
JohnMass. Classification of a counterclaim as compulsory or permissive depends in turn upon a definition of "transaction or occurrence. As the court there suggested, the governing rule "should be construed in a sense to effectuate the settlement in one proceeding of controversies so closely connected as appropriately to be combined in one trial in order to prevent duplication of testimony, to avoid unnecessary expense to the parties and to the public, and to expedite the adjudication of suits.
It may comprehend a series of many occurrences, depending not so much upon the immediateness of their connection as upon their logical relationship. New York Cotton ExchangeU. Approximately the same meaning should be assigned to the phrase "transaction or occurrence," as it appears in Rule 13 a.
The word 'transaction' commonly indicates an act of transacting or conducting business but in the rule under consideration it is not restricted to such sense. It is broad enough to include an occurrence.One of my very good friends dropped out of high school, literally no college at all is now working for Cisco as a network engineer.
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A pleading shall state as a counterclaim any claim for relief the court has power to give which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not.
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