 | James Philemon Holcombe - Debtor and creditor - 1848 - 528 pages
...(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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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,... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 866 pages
...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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...other cases to the defendant personally. Amended Code, § 134. § 629. Where the person on whom the service of the summons is 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, and it in like... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...Pr. R-, 341. § 135. [114.] (Amended.) — Service by publication. — Where a person, on whom the service of the summons is 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... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...provisions of the Code on this important subject are as follows : § 135. Where the person, on whom the service of the summons is 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 of the county... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...(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... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...discretion who shall be informed of the contents thereof. , Affidavit-^ SEQ. 40. When the person pn whom the service of the °°»*»-. summons is to be made, cannot after due diligence be .i^Cfound within the state, and that fact shall appear by affi• davit to the satisfaction of a court... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...ib., 318. § 135. [114.] (Amended 1849-1851.) Service Ъу publication. Where a person, on -whom the service of the summons is 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... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...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... | |
| |
Where the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State... 
