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" If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306. "
Reports of Practice Cases, Determined in the Courts of the State of New York - Page 24
1869
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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
...reason of such omission. 179. A defendant arrested, may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of the bail. § 180. If the motion be made upon affidavits on the part of the defendant, but not otherwise,...
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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, § 203. § 700. A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. Amended Cod*, § 204. 701. If the motion be made upon affidavits on the part of the defendant, but...
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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
...arrest, or reduce bail. — A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. This section is identical with section 179 in the code of 1848. The motion to vacate need not necessarily...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...of such omission. k 204. A- defendant arrested, may, at any time before the - justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. Affida»it« § 205. If the motion be made upon affidavits on the part . ^ ^e Defendant, ),ut not otherwise,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...judgment therein, &c. By § 204, a defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. Looking at all these provisions, I am satisfied that the plaintiff was regular in issuing the execution...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...bond, to the judge thereof, or to any circuit judge, or to the presiding judge of the county court, by motion, to vacate the order of arrest, or to reduce the amount of bail. Reasonable notice of the motion shall be given to the plaintiff. If satisfied that the bail ought not...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...bond, to the judge thereof, or to any circuit judge, or to the presiding judge of the county court, by motion, to vacate the order of arrest, or to reduce the amount of bail. Reasonable notice of the motion shall be given to the plaintiff. If satisfied that the bail ought not...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

Civil procedure - 1852 - 446 pages
...judgment therein, &c. By § 204, a defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. Looking at all these provisions, I am satisfied that the plaintiff was regular in issuing the execution...
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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
...arrest, or reduce bail. — A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. * This section is identical with section 179 in the code of 1848. The nmt ¡on to vacate need not necessarily...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...the following terms : § 204. A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail. The motion for this purpose must be made upon notice in the usual manner, or upon an order to show...
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