 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 - Página 3251889Vista completa - Acerca de este libro
 | Francis Taylor Piggott - 1884 - 752 páginas
...the defendant. If the action is to recover damages for breach of a contract, the affidavit must shew that the plaintiff is entitled to recover a sum stated...therein, over and above all counterclaims known to him ; ii. That the defendant is either a foreign corporation or not a resident of the State ; or, if he... | |
 | 1885 - 512 páginas
...sustain the warrant of attachment, because not complying with section 030 of the Code, which reads: "The affidavit must show that the plaintiff is entitled...all counterclaims known to him." The affidavit of plaintiff, after stating the facts as to the indebtedness claimed, adds: " And that there is now due... | |
 | 1890 - 1166 páginas
...section (section 635) exists against the defendant. If the action is to recover damages for breach of & contract, the affidavit must show that the plaintiff...over and above all counter-claims known to him." The ease comes under this subdivision. Objection is taken that the contract on which the action is brought... | |
 | New York (State), Charles David Rust - 1885 - 814 páginas
...he mua' siiti»; by affidavit, to the satisfaction of the judge granting the sanie, "3 folio \va : contract, the affidavit must show that the plaintiff...therein, over and above all counterclaims known to him. 2. That tlie defendant is either a foreign corporation or not a resident of the State ; or, if he is... | |
 | 1885 - 536 páginas
...warrant of attachment "he must show by affidavit to the satisfaction of the judge granting the same . . . that the plaintiff is entitled to recover a sum stated...therein, over and above all counter-claims known to him," are designed to modify the effect of an unqualiiied nffirmation that no possible counter-claim existed,... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 páginas
...requirement of section 636 of the Code of Civil Procedure, that plaintiff must show by affidavit that he is entitled to recover a sum stated therein, over and above all countir-elainu known to him, and is sufficient to give the judge jurisdiction to grant the warrant.... | |
 | William Pratt Wade - 1886 - 818 páginas
...warrant, he must show, by affidavit, to the satisfaction of the judge granting the same, as follows: 1. That one of the causes of action specified in 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... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 692 páginas
...LAWRENCE, J. — This attachment cannot stand. Section 636 of the Code of Civil Procedure provides, that " If the action is to recover damages for breach of...therein, over and above all counter-claims known to him." In this case one of the attorneys for the plaintiffs makes the affidavit on which the attachment was... | |
 | 1887 - 814 páginas
...specified in the last section, the action is upon a judgment, or to recover for breach of a contract, affidavit must show that the plaintiff is entitled to recover a sum stated rein, over and above all counterclaims known to him. !. That the defendant is either a foreign corporation... | |
 | New York (State), Charles David Rust - 1889 - 864 páginas
...section. If the action is upon a judgment, or to recover for hreach of a contract, the affidavit roust show that the plaintiff is entitled to recover a sum...therein, over and above all counterclaims known to him, * 2. That the defendant is either a foreign corporation ; or not я resident of the State : or, if... | |
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