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" ... a cause of action exists against the defendant in respect to whom the service is to be made... "
The American State Reports: Containing the Cases of General Value and ... - Page 36
edited by - 1888
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...affidavit to the satisfaction of ^am^V° the court, or a judge thereof; and it shall in like manner appear that a cause of action exists against the defendant, in respect to whom the service is to be made, and that such defendant is a resident of this state, or has property therein...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...is to be made, cannot, after due d ligence, be found within the state, and that fact shall appear by affidavit, to the satisfaction of the court or a judge thereof, and it shall in like manner appear that a cause of action exists against the defendant, in respect to whom...
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Reports of Cases Adjudged in the Supreme Court of Judicature of ..., Volume 3

William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 866 pages
...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 shall in like manner appear that a cause of action exists against the defendant, in respect to whom...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...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 manner appears, that a] cause of action exists against the defendant, in respect to whom the...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...appears by affidavit to the satisfaction of the court or a judge thereof, and it in like manner appears, that a cause of action exists against the defendant, in respect to whom the service is to be made, or that he is a necessary or proper party to an action, relating to real...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...made, cannot, after due diligence, be found within cannot be ' ' J ' J fouiid. fne state, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, or of the county judge of the county where the trial is to be had, and it in like manner appears that...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...made, cannot, after due diligence, be found icithin cannot be ' ' •' •* fouud. (fa stute, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, or of the county judge of tht county where, the trial is to be had, and it in like manner appears that...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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 judge of the county where the trial is to be had, and it in like manner appears that...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...the county judge of the Amended county where the trial is to be had, and it in like manner appears that a cause of action exists against the defendant, in respect to whom the service is to be made, or that he is a proper party to an action relating to real property in this...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...appear by affidavit to the satisfaction of a court or judge thereof; and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, such court or judge may grant an order that the service be made by the publication...
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