 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
 | New York (State). Commissioners of Statutory Revision - 1900 - 892 páginas
...granting the same, as follows: 1. That one of the causes of action specified in the last sectionexists against the defendant. If the action is to recover...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) - 1900 - 1184 páginas
...or more of the causes specified in the last section. If the action is upon a judgment, or to recover for breach of a contract, the affidavit must show...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 the... | |
 | New York (State). Commissioners of Statutory Revision - 1900 - 980 páginas
...or more of the causes specified in the last section. If the action is on a judgment, or to recover for breach of a contract, the affidavit must show...over and above all •counterclaims known to him. 2. That the defendant is a foreign corporation; or 3. Not a resident of the state; or 4. If the defendant... | |
 | New York (State). Courts - 1900 - 874 páginas
...Second. If, however, we assume that a cause of action was sufficiently shown, the affidavit fails to show " that the plaintiff is entitled to recover a...therein, over and above all counterclaims known to him ". § 636, Code. The affidavit as before stated is made by the attorney in the action, who states that... | |
 | New York (State). Supreme Court. Appellate Division - 1901 - 758 páginas
...the plaintiff iu an action to recover damages for :i breach of contract to a warrant of attachment " the affidavit must show that the plaintiff is entitled to recover a sum stated therein over and above ail counterclaims known to him," requires that the affidavit set out the evidence upon which the plaintiff... | |
 | New York (State) - 1902 - 1080 páginas
...judgment, or to recover for breach of a contract, the affidavit must show that the plaintiff is entitled 10 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 defendant... | |
 | New York (State), Amasa Junius Parker, Albert Joseph Danaher - 1903 - 1588 páginas
...or more of the causes specified in the last section. If the action is upon a judgment, or to recover for breach of a contract, the affidavit must show...therein, over and above all counter-claims known to him. z. That the defendant is either a foreign corporation ; or not a resident of the State ; or, if the... | |
 | New York (State). Supreme Court. Appellate Division - 1903 - 778 páginas
...plaintiffs." The language of section 636 of the Code of Civil Procedure in this regard states that " the affidavit must show that the plaintiff is entitled...over and above all counterclaims known to him." The criticism by the defendant upon the proof in the present case is, that while the Code requires that... | |
 | New York (State) - 1904 - 1634 páginas
...or more of the causes specified in the last section. If the action is upon a judgment, or to recover for breach of a contract, the affidavit must show...therein, over and above all counter-claims known to him. 2. That the defendant is cither a foreign corporation ; or not a resident of the State ; or, if the... | |
 | New York (State) - 1904 - 1696 páginas
...the defendant. If the action is to гесотег damage« for breach of contract, the ¡ilh'davit must show that the plaintiff is entitled to recover...therein, over and above all counterclaims known to him. 2. That the defendant is either a foreifrn corporation, or not a resident of the state; or, if he is... | |
| |
