 That one of the causes of action specified in the last section exists against 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...  The New York Supplement - Page 3251889Full view - About this book
 | Law - 1894 - 922 pages
...of the judge granting the same, as follows : 1. That one of the. causes of action specified in tbe last section exists against the defendant. If the...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... | |
 | Law - 1890 - 548 pages
...636, 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... | |
 | Wilber Mercantile Agency - Banks and banking - 1872 - 892 pages
...plaintiff must show by affidavit to the satisfaction of the judge granting the вате, as follows: 1. That one of the causes of action specified In the...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... | |
 | New York (State) - Law - 1876 - 398 pages
...[CHAP. vn. TT'I'TV 1 for'pecuiatlon When and by whom the warAffidavit* : to ee ' security on warxantf affidavit, must show that the plaintiff is entitled...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... | |
 | Collection laws - 1887 - 384 pages
...above 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... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...the satisfaction of the judge shown to ..,,/. ,, procure granting the same, as follows : the war1. That one of the causes of action specified in the...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... | |
 | New York (State) - Law - 1877 - 572 pages
...affidavit, to the satisfaction of the judge showu to wv procure granting the same, as follows : rantwar" 1. That one of the causes of action specified in the...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... | |
 | 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... | |
 | New York (State) - 1879 - 436 pages
...last section exists the waragainst the defendant. If the action is to recover damages for breach rant" of a contract, the affidavit must show that the plaintiff...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... | |
 | 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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