 ... that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...  Laws of the State of New York - Stran 343avtor: New York (State) - 1882Celotni ogled - O knjigi
 | Charles Daniel Drake - 1891 - 862 strani
...amount of the defendant's indebtedness.3 And where the statute required the affidavit to show that the plaintiff " is entitled to recover a sum stated therein, over and above all counterclaims known to him ; " and the affidavit stated that "the defendant is indebted to the plaintiff in the" sum stated, and... | |
 | New York (State) - 1891 - 1554 strani
...defendant. If the action Is to recover damages for breach of a contract, the affi. davit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counterclaims known to him.(2) 3. That the defendant is either a foreign corporation or not a resident of the State ; or,... | |
 | North Carolina, Walter Clark - 1892 - 950 strani
...defendant. If the action is to recover damages for breach of contract, the defendant must show that the plaintiff is entitled to recover a sum stated therein, over and above all counterclaims known to him ; i2) That the defendant is either a foreign corporation, or not a resident of the state ; or, if he... | |
 | 1892 - 1092 strani
...needed, citing section 636 of the Code of Civil Procedure, says: "He must show by affidavit that he is entitled to recover a sum stated therein over and above all counter-claims known to him. It is enough if the affidavit shows this to the satisfaction of the judge who receives the application... | |
 | 1892 - 1106 strani
...the agent of the plaintiffs, it must contain, among other things, an averment that the plaintiffs are entitled to recover a sum stated therein, over and above all counter-claims known to them, and that the failure to contain the words "known to them" are jurisdictional and therefore fatal.... | |
 | New York (State), Morris Cooper - 1893 - 944 strani
...recover 1 15 NY 4.W; damages for breach of a contract, the affidavit must, show H* Id. 160. that the plaintiff is entitled to recover a sum stated therein,...the defendant is either a foreign corporation or not u Ablx N a resident of the State ; or, if he is a natural person and a c. 175. resident of the State,... | |
 | 1893 - 1278 strani
...insufficient, in not showing by competent and adequate evidence that "the plaintiff is entitled to a sum stated therein, over and above all counterclaims known to him." Code, § 636. The affidavit is in three actions, is made by the same person, and, touching the point... | |
 | 1893 - 1042 strani
...insufficient, in not showing by competent and adequate evidence that " the plaintiff is entitled to a sum stated therein, over and above all counterclaims known to him." Code, § 636. The affidavit is in three actions, is made by the same person, and touching the point... | |
 | New York (State), Morris Cooper - 1894 - 990 strani
...damages for breach of a contract, the affidavit li9ld. NXI. must show that the plaintiff is entitled lo recover a sum stated therein, over and above all counterclaims...corporation or not a resident of the state ; or, if he is a natural p'ersoa J,1 riY" " and a resident of the state, that he has departed therefrom, \\ith... | |
 | John Downey Works - 1894 - 956 strani
...the whole amount due, can not be upheld.1 In son1c of the states, the affidavit must show that "the plaintiff is entitled to recover a sum stated therein over and above all counterclaims known to him." Under this peculiar language, if the affidavit is made by any one other than the plaintiff, he must... | |
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