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" State, or in a case specified in subdivision fourth, fifth, or seventh of the last section, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Side 396
1885
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Annual Report, Volum 1

New York (State). Board of Railroad Commissioners - 1895 - 682 sider
...resident of the state, or in a case specified in subdivision fourth, fifth or seventh of the last section, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. VKBEFICATION OF PLEADINGS BT COBPOBATIONS. § 525. The verification must be made by...
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Laws of the State of New York, Volum 2

New York (State) - 1876 - 398 sider
...seventh thereof, the order shall not be granted, unless the judge is satisfied, by the papers presented, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. § 440. The order may be made by a judge of the court, or the county By whom judge...
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Albany Law Journal, Volum 16

1877 - 510 sider
...application for an order to serve summons by publication, in an actiou for divorce, it must appear that the plaintiff has been, or will be, unable, with due diligence, to make personal service, and that the legislature deliberately struck out this provision (see note to § 439, Weed, Parsons...
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Albany Law Journal, Volum 16

1877 - 510 sider
...application for an order to serve summons by publication, in an action for divorce, it must appear that the plaintiff has been, or will be, unable, with due diligence, to make personal service, and that the legislature deliberately struck out this provision (see note to § 439, Weed, Parsons...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1879 - 456 sider
...State, or in a "* mailecase specified in subdivision fourth, lifth or seventh of the last section, that the plaintiff has been or will be unable, with due diligence, to make personal service of the_summons. § 440. The order niay~15e made by a judge of the court, or the B> whom county judge...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 sider
...the State, or in a ^ madecase specified in subdivision fourth, fifth or seventh of the last section, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. § 440. The order may be made by a judge of the court, or the By whom county judge...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volum 63

Nathan Howard (Jr.), Rowland M. Stover - 1882 - 666 sider
...corporation, or not a resident of the state, an affidavit that the plaintiff has Smith agt. Mahon. been or will be unable, with due diligence, to make personal service of summons. The effect of this amendment was to create in some respects a provision similar to that...
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Albany Law Journal, Volum 30

1885 - 548 sider
...publication to show merely that tbe defendant is a non-resident; "proof by affidavit " la required, " that the plaintiff has been or will be unable, with due diligence, to uiako personal service of the summons." Code, 8 439. But there is no such provision with reference...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 sider
...of the State, or in a •'•cified in subdivision fourth, fifth, or seventh of the last section, ta the plaintiff has been or will be unable, with due diligence, to make fwsonal service of the summons. § 440. [am'd 1879.] The order may be made by a judge of the court,...
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Howard's Practice Reports: Containing Cases Under the Code of Civil ..., Volum 2

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 690 sider
...application is made, as it was here, upon the ground that the defendant is not a resident of the state, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. Thus it appears that in the case of a non-resident defendant these sections require...
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