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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 680
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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Legislative Document, Volum 40,Utgave 111

New York (State). Legislature - 1919 - 1508 sider
...ascertained, or if he is within the state, that he avoids service, so] that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the state [cannot be made]. [Code § 435 amended as indicated. The limitation as to service...
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The New York Code of Civil Procedure: As Amended by the Legislature to and ...

New York (State) - 1919 - 688 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. (Am. by L. 1877, ch. 416; L. 1879, ch. 542.) Derivation. — Substitute for Code of Proc., 8 136. in...
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Practical Real Estate Law, Volum 2

William Xenophon Weed - 1920 - 1048 sider
...579, 114 XY Supp. 436, afTM 199 NY 517. Proof of residence in a state not adjoining New York, is proof that the plaintiff has been and will be unable with due diligence to make personal service within the state, without the actual averment of it; and is sufficient to give the court jurisdiction....
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The Civil Practice Manual of the State of New York, Containing Civil ...

New York (State) - 1920 - 1210 sider
...judge of the county where the action is triable, upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the state. s«rae, § 231. Manner of making substituted service. The order must direct that...
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Clevenger's Supreme Court Practice: Being Civil Practice Act and Rules of ...

New York (State). - 1921 - 904 sider
...of the county where the action is triable, upon satisfactory proof that [the plaintiff has been or will be unable, with due diligence, to make] personal service [of the summons withir the state.] Source — CCP § 435, amended as indicated by brackets — Eevisers' Note — The...
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Parsons' Practice Manual of the State of New York

1921 - 1502 sider
...judge of the county where the action is triable, upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the state. Derivation. — Code civ. proc., i 435, as am. by L. 1877, 637; Bank of Long Island...
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Important Features of Pleading and Practice Under the New York Civil ...

Harold Raymond Medina - 1922 - 288 sider
...substituted service of the summons may be issued "upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the state." This is a much more sensible provision than that contained in the Code, is entirely...
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Clevenger's New York Practice, Being Civil Practice Act, Rules of Civil ...

New York (State) - 1922 - 2040 sider
...of the county where the action is triable, upon satisfactory proof that [the plaintiff has been or will be unable, with due diligence, to make] personal service [of the summons withir the state.] Source — CCP f 435. amended as indicated by brackets — Revisers' Note — The...
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Parsons' Practice Manual of the State of New York

1922 - 1482 sider
...judge of the county where the action is triable, upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the state. Agent of recelter».— Guraky v. Blair. 218 NY 41; Jacobs v. Blair, 157 App. Div....
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The New York Supplement, Volum 192

1922 - 1218 sider
...upon which the order of publication was granted failed to show that the plaintiffs had been or would be unable with due diligence to make personal service of the summons. ' Jl,2] Upon the application for the warrant of attachment, the plaintiffs presented three affidavits,...
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