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" The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section four hundred and seventy-nine. "
Reports of Practice Cases, Determined in the Courts of the State of New York - Page 23
1869
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Laws of the State of New York, Volume 1

New York (State) - Session laws - 1849 - 864 pages
...may be made, where it shall appear M judge by the affidavit of the plaintiff, or of any other pe"* that a sufficient cause of action exists, and that the case is one those mentioned in section one hundred and seventy-nineThe provisions of this chapter shall apply to...
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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
...a county judge. § 156. The order may be made, where it shall appear to the judge by the affidavit of the plaintiff, or of any other person, that a sufficient cause of action exists, and (excepting in the cases mentioned in the second subdivision of section 154,) that the defendant is...
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The Law of Debtor and Creditor in the United States and Canada

James Philemon Holcombe - Debtor and creditor - 1848 - 528 pages
...in the following cases : 1. Where it is made to appear upon the affidavit of the plaintiff or some other person, that a sufficient cause of action exists, and that the defendant is not a resident of the state, or is about to remove therefrom ; or 2. Where the suit is...
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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
...Amended Code, § 180. § 677. The order may be made, whenever it appears to the judge by the affidavit of the plaintiff, or of any other person, that a sufficient...that the case is one of those mentioned in section 675. Amended Code, § 181. § 678. Before making the order, the judge must require a written undertaking...
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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
...Affidavit to obtain order. — The order may be made, where it shall appear to the judge b}' the affidavit of the plaintiff, or of any other person, that a sufficient...the case is one of those mentioned in section 179. visions of section 179, which shall have been commenced since the thirtieth day of June, 1848, and...
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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
...affidavit of the plaintiff, der or of any other person, that a sufficient cause of action ex- Amended ists, and that the case is one of those mentioned in section 179. The provisions of this chapter shall apply to all actions TO what '.-ii-ii -. n , -i. -ii-ii actions...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...prescribed by sec. 181 : § 181. The order may be made, where it shall appear to the judge by the affidavit of the plaintiff, or of any other person, that a sufficient...the case is one of those mentioned in section 179. Great care must be bestowed upon the preparation of the affidavit in question, as, the remedy being...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...chapter applicable. — The order may be made, where it shall appear to the judge by the affidavit of the plaintiff, or of any other person, that a sufficient...the case is one of those mentioned in section 179. The provisions of this chapter shall apply to all actions included within the provisions of section...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - Law reports, digests, etc - 1852 - 716 pages
...arrest may be made at any time before judgment ; and it is to be made when it appears on affidavit, that a sufficient cause of action exists, and that...the case is one of those mentioned in section 179. It certainly would be a great innovation in pleading, to require the pleadings to show that the plaintiff...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

Civil procedure - 1852 - 446 pages
...arrest may be made at any time before judgment, and it is to be made when it appears on affidavit, that a sufficient cause of action exists, and that the case is one of those mentioned in § 179. It certainly would be a great innovation in pleading to require the pleadings to show, that...
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