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" ... 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... "
Howard's Practice Reports: Containing Cases Under the Code of Civil ... - Page 318
by New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 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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Albany Law Journal, Volume 41

Law - 1890 - 548 pages
...requiring an affidavit for attachment, in actions to recover damages for breach of contract, to show that the plaintiff is entitled to recover a sum stated therein over and above all connter-claims known to him, it is sufficient to allege the existence of a cause of action, that the...
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Directory of Associate Attorneys of the Wilber Mercantile Agency

Wilber Mercantile Agency - Banks and banking - 1872 - 894 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...
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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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J.A. Graft & Co.'s Legal Directory ...: For Lawyers, Merchants and All ...

Collection laws - 1887 - 384 pages
...specified, and if the action is to recover damages for breach of a contract, the affidavit mnst show that the plaintiff is entitled to recover a sum stated therein, over and above all counter claims known to him. Also that the defendant is a foreign corporation, or not a resident of...
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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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