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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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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volume 3

Morris March Estee - Civil procedure - 1885 - 880 pages
...without any collusion with him, a demand upon the same contract or for the same • property, upon notice to such person and the adverse party, apply...to the court for an order to substitute such person iu his place, and discharge him from liability to either party, on his depositing in court the amount...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - Law - 1885 - 1332 pages
...defendant against whom an action is pending upon a contract, or for specific personal property, may, at te, as agent or attorney for the owner thereof, or to execute, action makes against him, and without any collusion with him, a demand upon the same contract, or for...
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The New York Supplement, Volume 133

Law reports, digests, etc - 1912 - 1266 pages
...permits a defendant, upon proof that a person not a party makes demand against him for the same debt, to apply to the court for an order to substitute such...person in his place and discharge him from liability, on his paying Into court the amount of the debt. Held, that the assignee of the other partner was properly...
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The New York Supplement, Volume 7

Law reports, digests, etc - 1890 - 1110 pages
...defendant in an action on a contract against whom another person makes a demand for the same debt may apply for an order to substitute such person in his place, and discharge defendant from all liability upon his paying into court the amount of the debt; and that the court...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 73

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1889 - 772 pages
...upon a contract, or for specific real or personal property, or for the conversion thereof, may, at any time before answer, upon affidavit that a person,...the action, and without collusion with him, makes ayaintt him a demand fur the same debt or property, . . . apMcGrath vs. The Village of Bloomer. ply...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 128

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1891 - 684 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...without collusion with him, makes against him a demand Mansfield v. Shipp < i al. for the same debt or property, upon due notice to such person and the adverse...
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The Code of civil procedure, and the Criminal statutes. Approved by the ...

South Carolina - Court rules - 1894 - 670 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 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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Mills' Annotated Code: Adopting as Text the Colorado Code of Civil Procedure ...

Colorado - Civil procedure - 1896 - 874 pages
...defendant against whom an action is pending upon a contract as for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action, makes against him. without any collusion with him. a demand upon the same contract or for the...
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Report of the Commissioners for the Revision and Reform of the Law ...

California. Commission for Revision and Reform of the Law - Civil law - 1900 - 236 pages
...demand upon such contract, or for such 6 property, upon notice to such person and the adverse party, 7 apply to the court for an order to substitute such person in 8 his place, and discharge him from liability to either party, on 9 his depositing in court the amount...
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Report of the Commissioners for the Revision and Reform of the Law ...

California. Commission for Revision and Reform of the Law - Civil law - 1900 - 234 pages
...demand upon such contract, or for such 6 property, upon notice to such person and the adverse party, 7 apply to the court for an order to substitute such person in 8 his place, and discharge him from liability to either party, on 9 his depositing in court the amount...
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