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" When publication is ordered, personal service of a copy of the summons and complaint out of the state is equivalent to publication and deposit in the postoffice, and in either case the service of the summons is complete at the expiration of the time prescribed... "
General Laws of the State of Idaho ... - Page 387
by Idaho - 1921
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...116, to read as follows: § 116. In the cases mentioned in section 114, the service of the summons shall be deemed complete, at the expiration of the time prescribed by the order for publication. Page 155. Amend § 142, to read as follows: § 142. In the actions mentioned in the last section, the...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...equivalent to publication, and deposite in the post office. In either case the service of the summons is to be deemed complete, at the expiration of the time prescribed by the order for publication. Amended Code, § 135. § 631. If the summons be not personally served on a defendant, nor received...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...[115.] When service complete. — In the cases mentioned in section 135, the service of the summons shall be deemed complete at the expiration of the time prescribed by the order for publication. See McEicene Ex'r v. Public Administrator, 3 Code Rep., 139, 176. §138. [116.] (Amended.) — Proof...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - 1852 - 576 pages
...equivalent to publicaation." And section 137 declares that this species of service (by publication) " shall be deemed complete, at the expiration of the time prescribed by the order for publication." Held, that the fuenty days to answer, begins to run from the day of t lie pcnonal service, out of the...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...18e9.) Wlien service complete. — In the cases mentioned in section 135, the service of the summons shall be deemed complete at the expiration of the time prescribed by the order for publication. See McEuen'i Ex'r v. Public Administrator, 3 Code Rep., 139, 176 ; 6 Prît, 47. § 138. [116.] (Amended...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...equivalent to publication and deposit in the post-office. In either case the service of the summons shall be deemed complete at the expiration of the time prescribed by the order for publication. In actions upon contracts for the direct payment of money, the court in its discretion may, instead...
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The Merchants' Magazine and Commercial Review, Volume 28

1853 - 802 pages
...summons," not less than once a week for six weeks : and sec. 137 declares that this species of service "shall be deemed complete at the expiration of the time prescribed by the order for publication." When, therefore, the code says that " personal service of a copy of the summons and complaint out of...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 pages
...of them alone. SEO. 42. In the cases mentioned in section forty, the service of the summons shall he deemed complete at the expiration of the time prescribed by the order for publication. SEO. 43. Proof of the service of the summons and of the complaint, or notice, if any, accompanying...
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The Merchants' Magazine and Commercial Review, Volume 28

1853 - 798 pages
...summons," not less than once a week for six weeks : and sec. 137 declares that this species of service "shall be deemed complete at the expiration of the time prescribed by (he order for publication." When, therefore, the code says that " personal service of a copy of the...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 pages
...(Amended 1849.) When service compete. In the cases mentioned in section 135, tbe service of the summons shall be deemed complete at the expiration of the time prescribed by the order for publication. § 138. [116.] (Amended 1851.) Proof of service. Proof of the service of summons and of the complaint...
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