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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. "
Importation of Sisal and Manila Hemp: Hearings Before the Subcommittee of ... - Side 690
av United States. Congress. Senate. Committee on Agriculture and Forestry. Subcommittee to Investigate the Introduction of Sisal and Manila Hemp and the Production of Binding Twine, United States. Congress. Senate. Committee on Agriculture and Forestry - 1916
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Annual Report, Volum 1

New York (State). Board of Railroad Commissioners - 1895 - 682 sider
...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 the affidavit of...
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Albany Law Journal, Volum 30

1885 - 550 sider
...the defendant is a non-resident; "proof by affidavit" is required, " that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons." Code, $ 439. But there is no such provision with reference to surrogates' citations. Section 25'£i...
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Laws of the State of New York, Volum 2

New York (State) - 1876 - 398 sider
...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 of the county where...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 9

1880 - 688 sider
...publication is granted ia fatally defective which does not show that the plaintiff had been or would be unable with due diligence to make personal service of the summons. Appeal from order vacating order of publication. The affidavit upon which the order of publication...
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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
...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 of the county where...
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Reports of Cases Heard and Determined in the Supreme Court of the ..., Volum 34

Marcus Tullius Hun - 1882 - 760 sider
...and have engaged in business there under the firm name and style of J. Mahon & Sons That plaintiff will be unable, with due diligence, to make personal service of the summons herein upon the defendants within this State." Helil, that the affidavit was sufficient to give the court jurisdiction...
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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
...show that the defendant was a non-resident, but in addition thereto, that the plaintiff was or would be unable, with due diligence, to make personal service of the summons. In the rules adopted by this court in 1881, rule 20 in relation to this subject, of the rules in force...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 15

1883 - 676 sider
...that defendant.* are non-residents and engaged in business at their residences, and that plaintiff will be unable with due diligence to make personal service of the summons on them within this State, will be considered sufficient to uphold an order of publication on a motion...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Volum 2

1883 - 534 sider
...show that the defendant was a non-resident, but in addition thereto, that the plaintiff was or would be unable, with due diligence, to make personal service of the summons. In the rules adopted by this court in 1881, rule 20, in relation to this subject, of the rules in force...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Volum 7

1885 - 536 sider
...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 a verified complaint...
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