 | New York (State) - Law - 1876 - 398 pages
...where he is sojourning, or where he regularly transacts business. 5. That the person to be examined is about to depart from the State ; or that he is...believe, that he will not be able to attend the trial of the action pending, or to be brought, as the case requires. But this subdivision does not apply... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...or where he regularly transacts business. 5. If an action is pending, that the person to be examined is about to depart from the State ; or that he is...believe, that he will not be able to attend the trial. But this subdivision does not apply to a case, where the person to be examined is a party to the action.... | |
 | Austin Abbott - Civil procedure - 1878 - 592 pages
...from the State; or that he is so sick or infirm, as to afford Note on the New Code of Civil Procedure. reasonable ground to believe, that he will not be able to attend the trial. But this subdivision does not apply to a case, where the person to be examined is a party to the action.... | |
 | 1878 - 462 pages
...person to be examined is about 'art from the State ; or that he is so sick or infirm, as to afford table ground to believe, that he will not be able to attend the But this subdivision does not apply to a case, where the person s examined is a party to the action*... | |
 | New York (State) - 1879 - 436 pages
...or where he regularly transacts business. 5. If an action is pending, that the person to be examined is about to depart from the State ; or that he is...he will not be able to attend the trial ; or that any other special circumstances exist, which render it proper that he should be examined as prescribed... | |
 | 1879 - 456 pages
...or where he regularly transacts business. 5. If an action is pending, that the person to be examined is about to depart from the State ; or that he is...he will not be able to attend the trial ; or that any other special circumstances exist, which render it proper that he should be examined as prescribed... | |
 | New York (State) - Session laws - 1879 - 726 pages
...or where he regularly transacts business. 5. If an action is pending, that the person to be examined is about to depart from the State ; or that he is...he will not be able to attend the trial ; or that any other special circumstances exist which render it proper that he should be examined as prescribed... | |
 | New York (State) - 1881 - 1532 pages
...that the person to be examined is about to depart from the State;(3) or that he is so sick or innrm.U) as to afford reasonable ground to believe that he will not be able to attend the trial : or that any other special circumstances exist, which render it proper that he should be examined as prescribed... | |
 | George D. McCarty - Civil procedure - 1882 - 566 pages
...the same general nature as those mentioned in said subdivision (viz., "that the person to be examined is about to depart from the State ; or that he is...believe that he will not be able to attend the trial "). There must, in the superior court, be an allegation that the moving party intends to use the examination... | |
 | Law reports, digests, etc - 1895 - 1150 pages
...affidavit in the application shall set forth, "if an action is pending, that the person to be examined is about to depart from the state; or that he is so...that he will not be able to attend the trial; or that any other special circumstances exist, which render it proper that he should be examined as prescribed... | |
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If an action is pending, that the person to be examined is about to depart from the state, or that he is so sick or infirm, as to afford reasonable ground to believe that he will not be able to attend the trial; or that any other special circumstances... 
