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" If the action is to recover damages for breach of contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation or... "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Page 290
1885
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumes 49-50

Law - 1894 - 922 pages
...the defendant. If the action is to recover damages for breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated...therein, over and above all counter-claims known to him. 2. That the defendant is either a foreign corporation or not a resident of the State ; or, if he is...
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Laws of the State of New York, Volume 2

New York (State) - Law - 1876 - 398 pages
...for'pecuiatlon When and by whom the warAffidavit* : to ee ' security on warxantf affidavit, must show that the plaintiff is entitled to recover a sum stated...therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation or not a resident of the State; or, if he is...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - Civil procedure - 1877 - 662 pages
...the defendant. If the action is to recover damages for breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated...therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation or not a resident of the State ; or, if he is...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 60

Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1881 - 694 pages
...attachment was properly vacated, on the ground that the affidavit did not show that the plaintiff was entitled to recover a sum stated therein over and above all counter-claims known to him (Code of Civil Procedure, see. 636). Where the motion to vacate the attachment is made upon the papers...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 pages
...defendant. If the action is to recover damages for breach rant" of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated...therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation or not a resident of the State ; or, if he is...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1879 - 456 pages
...for breach nmt' uf a contract, the affidavit must show that the plaintiff' is entitled to reiviver a sum stated therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation or not a resident of the State ; or, if he is...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...section. If the action is upon a judgment, or to recover for breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated...therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation ; or not a resident of the State; or, if the...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 57-58

Law reports, digests, etc - 1894 - 2096 pages
...defendant. If the action is to recover damages for breach of contract, the affidavit must show that tho 7ia kY 酋 \' + Isg $ V 9QQ 6LZ o; 3 J1 ق bD Q`ap m wILל! o ) P +9* : a This does not require that the affidavit be made by the plaintiff, and it is undisputed that it may...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 12

Law reports, digests, etc - 1881 - 666 pages
...section 2906, that, in order to entitle the plaintiff to an attachment, he must show by affidavit that he is entitled to recover a sum stated therein, "over and above all counterclaims known to him." In the case before us the affidavit states that the plaintiff demanded $250 "over and above all discounts,...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 11

Law reports, digests, etc - 1881 - 676 pages
...attachment was properly vacated on the ground that the affidavit did not show that the plaintiff was entitled to recover a sum stated therein over and above all counterclaims known to him. Appeal by plaintiff from order of Special Term of February 11, 1880, vacating attachment issued August...
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