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" ... A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand... "
The Code of Procedure of the State of New York: As Amended by the ... - Page 14
by New York (State). - 1851 - 207 pages
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - Court rules - 1875 - 498 pages
...action is pending upon a contract, or for specific real or personal property, may, at any time hefore answer, upon affidavit that a person not a party to...with him, makes against him a demand for the same deht, or property, upon dne notice to such person, and the adverse party, apply to the court for an...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before answer, upon affidavit that a person...person in his place, and discharge him from liability (o either party, on his depositing in the court the amount of the debt, or delivering the property...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...against whom an action is pending upon a contract, or for specific real or personal property, may at any time before answer upon affidavit that a person...for the same debt or property, upon due notice to suck person and the adverse partjr, apply to the court for an order to substitute such person in his...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - Civil procedure - 1876 - 498 pages
...against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before answer, upon affidavit that a person not a party to the action, and withont collusion with him, makes against him a demand for the same debt, or property, upon due notice...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...against whom an action is pending upon a contract, or for specific personal property, may, at anytime before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon the same contract, or for...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1877 - 956 pages
...against whom an action is {tending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit that a person...such person and the adverse party, apply to the court lor an order to substitute such person in his place, and discharge him from liability to either party,...
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A Treatise on Pleading and Practice Under the Indiana Code of Procedure ...

Asa Iglehart - Civil procedure - 1879 - 1048 pages
...other person, not a party to the suit, is claiming the same, without collusion with him, may, upon notice to such person and the adverse party, apply to the court for an order substituting such person in his place, and discharging him from liability, and upon his depositing...
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The Code of Procedure of the State of South Carolina, Originally Adopted ...

South Carolina, Robert A. Lynch - Law - 1880 - 256 pages
...action is pending upon a contract, interpleader. or for specific, real or personal property, may at any time before answer, upon affidavit that a person not a party to the action, and without collusion by him, makes against him a demand for the same debt or property, upon due notice to such person and...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 89

North Carolina. Supreme Court - Law reports, digests, etc - 1884 - 708 pages
...or personal property, wherein a defendant may, at any time before answer and upon affidavit, suggest that a person, not a party to the action and without...against him a demand for the same debt or property, and have such person made a party in MCDONALD I>. MoiiRIS. substitution for himself. These are the...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 26

Utah - Law - 1884 - 666 pages
...ejectment, or an may be »ubstiaction tor specific personal property is pending, may, at any defendant, time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such...
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