 | New York (State). Board of Railroad Commissioners - Railroads - 1895 - 682 pages
...resident of the 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. VKBEFICATION OF PLEADINGS BT COBPOBATIONS. § 525. The verification must be made by... | |
 | New York (State) - Law - 1876 - 398 pages
...seventh thereof, the order shall not be granted, unless the judge is satisfied, by the papers presented, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. § 440. The order may be made by a judge of the court, or the county By whom judge... | |
 | Law - 1877 - 510 pages
...application for an order to serve summons by publication, in an actiou for divorce, it must appear that the plaintiff has been, or will be, unable, with due diligence, to make personal service, and that the legislature deliberately struck out this provision (see note to § 439, Weed, Parsons... | |
 | Law - 1877 - 510 pages
...application for an order to serve summons by publication, in an action for divorce, it must appear that the plaintiff has been, or will be, unable, with due diligence, to make personal service, and that the legislature deliberately struck out this provision (see note to § 439, Weed, Parsons... | |
 | 1879 - 456 pages
...State, or in a "* mailecase specified in subdivision fourth, lifth 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. § 440. The order niay~15e made by a judge of the court, or the B> whom county judge... | |
 | New York (State) - 1879 - 436 pages
...the State, or in a ^ madecase 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. § 440. The order may be made by a judge of the court, or the By whom county judge... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1882 - 666 pages
...corporation, or not a resident of the state, an affidavit that the plaintiff has Smith agt. Mahon. been or will be unable, with due diligence, to make personal service of summons. The effect of this amendment was to create in some respects a provision similar to that... | |
 | Law - 1885 - 548 pages
...publication to show merely that tbe defendant is a non-resident; "proof by affidavit " la required, " that the plaintiff has been or will be unable, with due diligence, to uiako personal service of the summons." Code, 8 439. But there is no such provision with reference... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...of the State, or in a •'•cified in subdivision fourth, fifth, or seventh of the last section, ta the plaintiff has been or will be unable, with due diligence, to make fwsonal service of the summons. § 440. [am'd 1879.] The order may be made by a judge of the court,... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1886 - 690 pages
...application is made, as it was here, upon the ground that the defendant is not a resident of the state, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. Thus it appears that in the case of a non-resident defendant these sections require... | |
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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. 
