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" Where the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State... "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Страница 57
1883
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The Law of Debtor and Creditor in the United States and Canada

James Philemon Holcombe - 1848 - 528 страници
...(a) — Civil actions are commenced by the service of a summons. When the person on whom the service is to be made, cannot after due diligence be found within the state, and that fact as well as the existence of a cause of action against the defendant is established by affidavit...

First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 страници
...committee : 4. In all other cases, to the defendant personally. § 114. When the person on whom the service is to be made, cannot, after due diligence, be found within the state, the plaintiff, upon an affidavit of the fact, may obtain from a judge of the court, or a county judge,...

Reports of Cases Adjudged in the Supreme Court of Judicature of the ..., Том 3

William Johnson, New York (State). Supreme Court - 1849 - 866 страници
...personally: 4. In all other cases, to the defendant personally. When the person on whom the service is to be made, cannot after, due diligence be found within the state, nnd that fact shall appear by affidavit to the satisfaction of the court, or a judge thereof; and it...

The Code of Civil Procedure of the State of New York: Reported ..., Том 2

New York (State). - 1850 - 920 страници
...defendant personally : 4. In all other cases to the defendant personally. Amended Code, § 134. § 629. Where the person on whom the service of the summons...after due diligence, be found within the state, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, and it in like...

The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 страници
...Litelifield v. Burwell, 5 Pr. R-, 341. § 135. [114.] (Amended.) — Service by publication. — Where a person, on whom the service of the summons is to be...after due diligence, be found within the State, and that fact appears by affidavit to the satisfaction of the court, or a judge thereof, or the county...

Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 страници
...former practice in equity. The provisions of the Code on this important subject are as follows : § 135. Where the person, on whom the service of the summons...after due diligence, be found within the state, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, or of the county...

The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 страници
...(Amended 1849-1851.) Sfrvice by publication. — Where a person, on whom the service of the summons ia to be made, cannot, after due diligence, be found within the State, and that fact appears by affidavit to the satisfaction of the court, or a judge thereof, or the county...

The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 страници
...Hiltan v. Thurelon, ib., 318. § 135. [114.] (Amended 1849-1851.) Service Ъу publication. Where a person, on -whom the service of the summons is to...after due diligence, be found within the State, and that fact appears by affidavit to the satisfaction of the court, or a judge thereof, or the county...

General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856 - 334 страници
...contents thereof. Affidavit— SEO. 40. When the person on whom the service of the vint io con- gnmmons is to be made, cannot after due diligence be found within the state, and that fact shall appear by affidavit to the satisfaction of a court or a judge thereot,ora county judge...

Reports of Cases in Law and Equity in the Supreme Court of the State ..., Том 32

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 страници
...appear, by affidavit, to the satisfaction of the court or officer, that the person on whom the service is to be made cannot, after due diligence, be found within the state; that a cause of action exists against the defendant in respect to whom the service is to be made; and...




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