KFLCC Kingdom Law 2nd Ed.

282

COUNTER-CLAIM

COUNTRY

cause of action arising also on contract, and existing at the commencement of the ac tion." Code Proc. N. Y. § 150. The term "counter-claim," of itself, imports a claim opposed to, or which qualifies, or at least in some degree affects, the plaintiff's cause of action. Dietrich v. Koch, 36 Wis. 626. A counter-claim is an opposition claim, or de mand of something due; a demand of something which of right belongs to the defendant, in op position to the right of the plaintiff. Silliman v. Eddy, 8 How. Prac. (N. T.) 122. A counter-claim is that which might have arisen out of, or could have had some connec tion with, the original transaction, in view of the parties, and which, at the time the contract was made, they could have intended might, in some event, give one party a claim against the other for compliance or non-compliance with its provisions. Conner v. Winton, 7 Ind. 523, 524. COUNTERFEIT. In criminal law. To forge; to copy or imitate, without authority or right, and with a view to deceive or de fraud, by passing the copy or thing forged for that which is original or genuine. Most commonly applied to the fraudulent and criminal imitation of money. State v. Mc Kenzie, 42 Me. 392; U. S. v. Barrett (D. C.) Ill Fed. 369; State v. Calvin, R. M. Charlt «Ja.) 159; Mattison v. State, 3 Mo. 421. —Counterfeit coin. Coin not genuine, but resembling or apparently intended to resemble or pass for genuine coin, including genuine coin prepared or altered so as to resemble or pass for coin of a higher denomination. U. S. v. Hop kins (D. C.) 26 Fed. 443; U. S. v. Bogart. 24 Fed. Cas. 1185.—Counterfeiter. In criminal law. One who unlawfully makes base coin in imitation of the true metal, or forges false cur rency, or any instrument of writing, bearing a likeness and similitude to that which is lawful and genuine, with an intention of deceiving and imposing upon mankind. Thirman v. Matthews, 1 Stew. (Ala.) 384. COUNTER-FESANCE. The act of forg ing. COUNTERMAND. A change or revoca tion of orders, authority, or instructions pre viously issued. It may be either express or implied; the former where the order or in struction already given is explicitly annulled or recalled; the latter where the party's con duct is incompatible with the further con tinuance of the order or instruction, as where a new order is given inconsistent with the former order. COUNTERPART. In conveyancing. The corresponding part of an instrument; a duplicate or copy. Where an instrument of conveyance, as a lease, is executed in parts, that is, by having several copies or dupli cates made and interchangeably executed, that which is executed by the grantor is usually called the "original," and the rest are "counterparts;" although, where all the parties execute every part, this renders them all originals. 2 Bl. Comm. 296; Shep. Touch. 50. Roosevelt v. Smith, 17 Misc. Rep.323, 40 N. Y. Supp. 381. See DUPLICATE —Counterpart writ. A copy of the original writ, authorized to be issued to another county

when the court has jurisdiction of the cause by reason of the fact that some of the defendants are residents of the county or found therein. White v. Lea, 9 'Lea (Tenn.) 450.

COUNTER-PLEA.

See PLEA.

COUNTER-ROIXS. In English law. The rolls which sheriffs have with the coro ners, containing particulars of their pro ceedings, as well of appeals as of inquests, etc. 3 Edw. L c. 10. The signature of a secretary or other subordinate officer to any writing signed by the principal or superior to vouch for the authenticity of it. Fifth Ave. Bank v. Railroad Co., 137 N. Y. 231, 33 N. E. 378, 19 L. R. A. 331, 33 Am. St Rep. 712; Gurnee v. Chicago, 40 111.167; People v. Brie, 43 Hun (N. Y.)326. To counterbalance; to avail against with equal force or virtue; to compensate for, or serve as an equivalent of or substitute for. —Countervail livery. At common law, a re lease was a form of transfer of real estate where some right to it existed in one person but the actual possession was in another; and the pos session in such case was said to "countervail livery," that is, it; supplied the place of and ren dered unnecessary the open and notorious de livery of possession required in other cases. Miller v. Emans, 19 N. Y. 387.—Countervail ing equity. See EQUITY. L. Fr. Count, • or reckon. In old practice. A direction formerly given by the clerk of a court to the crier, after a jury was sworn, to number them; and which Blackstone says was given in his time, in good English, "count these." 4 Bl. Comm. 340, note («.) Advocates, or Serjeants at law, whom a man retains to defend his cause and speak for him in court, for their fees. 1 Inst. 17. The portion of the earth's surface occupied by an independent nation or people; or the inhabitants of such ter ritory. In its primary meaning "country" signifies "place;" and, in a larger sense, the territory or dominions occupied by a community; or even waste and unpeopled sections or regions of the earth. But its metaphorical meaning is no less definite and well understood; and in common parlance, in historical and geographical writ ings, in diplomacy, legislation, treaties, and in ternational codes, the word is employed to de note the population, the nation, the state, or the government, having possession and dominion over a territory. Stairs v. Peaslee, 18 How. 521, 15 L. Ed. 474; U. S. v. Recorder, 1 Blatchf. 218, 225, 5 N. Y. Leg. Obs. 286, Fed. Cas. No. 16,129. In pleading and practice. The inhabit ants of a district from which a jury is to be summoned; pais; a jury. 3 Bl. Comm. S49; Steph. PL 73, 78, 230. COUNTERSIGN. COUNTERVAIL. COUNTEZ. COUNTORS. COUNTRY.