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" ... a kind of notice by which it is reasonably probable that the party proceeded against will be apprised of what is going on against him, and an opportunity is afforded him to defend, I am of opinion that the courts have not the power to pronounce the... "
Reports of Practice Cases, Determined in the Courts of the State of New York - Страница 212
1859
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Reports of Cases Argued and Determined in the Supreme Court of ..., Том 155

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1901
...notice to the party whose property is in question. -It is sufficient if a kind of notice is provided by which it is reasonably probable that the party...him, and an opportunity is afforded him to defend." In Wurts v. Hoagland, 114 US 606, 5 Sup. Ct, 1086, 29 L. ed. 229, the constitutionality of a law of...

A Treatise on the Law of Private Corporations

Henry Osborn Taylor - 1902 - 969 страници
...the corporation; and this, on the ground that "any service must be deemed sufficient which renders it reasonably probable that the party proceeded against will be apprised of what is going on agaiust him, and have an opportunity to defend." ' The New York court has certainly gone very far in...

The Law and Practice in Actions for Torts in the State of New York

James Newton Fiero - 1903 - 893 страници
...notice to the party whose property is in question. It is sufficient if a kind of notice is provided by which it is reasonably probable that the party...proceeded against will be apprised of what is going on and an opportunity offered to him to defend. The opportunity to defend must not be colorable and illusory,...

Judicial and Statutory Definitions of Words and Phrases, Том 3

1904 - 7839 страници
...notice to the party whose property is in question. It is sufficient .If a kind of notice is provided by which it Is reasonably probable that the party...what is going on against him, and an opportunity is offered him to defend. Happy v. Moslior, 48 NY 313, 317; In re Union Elevated R. Co. of Brooklyn, 19...

United States Reports, Supreme Court: Cases Argued and Adjudged in ..., Том 95

United States. Supreme Court - 1906
...statute which should authorize any debt or damages to be adjudged against a person upon a purely ex parte proceeding, without a pretence of notice or any provision...an opportunity is afforded him to defend, I am of the opinion that the courts have not the power to pronounce the proceeding illegal. The legislature...

The Pacific Reporter, Том 82

1906
...in certain cases, as prescribed by the law pertaining to the forum in which such notice Is given. If the Legislature has prescribed a kind of notice by...what is going on against him, and an opportunity is given him to defend, and the notice Is given as the law requires, this will be held sufficient and...

The Constitutional History of New York: The annotated constitution

Charles Zebina Lincoln - 1906
...notice to the party whose property is in question. It is sufficient if a kind of notice is provided by which it is reasonably probable that the party...him, and an opportunity is afforded him to defend." "A method of procedure having the sanction of settled usage is commonly regarded as due process of...

The Constitutional History of New York: From the Beginning of the ..., Том 4

Charles Zebina Lincoln - 1906
...how and upon whom service shall be made;" and "any service must be deemed sufficient which renders it reasonably probable that the party proceeded against...will be apprised of what is going on against him, and have an opportunity to defend." In Hein v. Davidson (1884) 96 NY 175, 48 Am. Rep. 612, construing and...

Lawyers' Reports Annotated, Книга 28

1910
...personal service is not required to constitute due process of law, and that the legislature may prescribe "a kind of notice by which it is reasonably probable...will be apprised of what is going on against him." (P. 215.) In that case the notice was by advertisement in a newspaper. To the same effect is Hunt v....

Pacific States Reports: Extra Annotated, Книга 30

1912
...from the views therein expressed. In that case we held that, where the legislature has provided for a notice by which it is reasonably probable that the...going on against him. and an opportunity is afforded to defend, the courts have not the power to pronounce the proceeding illegal. That case was a proceeding...




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