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" ... and the fact appears by affidavit, to the satisfaction of the court, or a judge thereof, and it also appears, by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service... "
General Laws of the State of Idaho ... - Page 321
by Idaho - 1907
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - 1872 - 950 pages
...application is made. Peck v. Cook, 41 Barb. 649; Van Wyck v. Hardy, 39 How. 392. It must also appear that a cause of action exists against the defendant, in respect to whom the service is to be made. Towsley v. McDonald, 32 Barb. 604 ; Rawdonv. Corlin, 3 How. 416 ; SC, 2 Code B. 3. Or where this is...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 pages
...thereof (or a county judge) , and it also appears by such affidavit or by the verified complaint or file, that a cause of action exists against the defendant in respect to whom the service is to bo made, or that he is a necessary or proper party to the action, such conrt or judge may make an order...
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The Code of Civil Procedure of the State of California, Volume 1

California - 1872 - 892 pages
...the State, * * * and the facts shall appear by affidavit, * * * and it shall in like manner appear that a cause of action exists against the defendant in respect to whom service is to be made, or that he is a necessary or proper party to the action, such Court or Judge...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1164 pages
...is to be had, and it iu like manner appears that a cause of action exists against the defendant iu respect to whom the service is to be made, or that he is a proper party to an action relating to real property in this State, such Court or Judge may grant an...
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The Code of Civil Procedure of the State of California, Volume 1

California - 1874 - 870 pages
...satisfaction of the Court, or a Judge thereof, or a County Judge, and it also appears by such affidavit, or by the verified complaint on file, that a cause of...or proper party to the action, such Court or Judge may make an order that the service be made by the publication of the summons. NOTK. — 1. APPLICABLE...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 498 pages
...thereof, or of the county jndge of the county where the trial is to DP. had. and it in like manner appears that a cause of action exists against the defendant, in respect to whom the service is to he made, or that he is a proper party to an action relating to real property in this state, such court...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 498 pages
...thereof, or of the county jndge of the county Where the trial is to be had, and it in like manner appears that a cause of action exists against the defendant, in respect to whom the service is to be made, or thut he is a proper party to an action relating to real property in this state, such court or jndge...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - 1876 - 888 pages
...by affidavit, to the satisfaction of the justice, and it shall, in like manner, appear that a causo of action exists against the defendant in respect to whom the service is to be made, the justice shall grant an order that service be made by the publication of tho summons. The order...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 986 pages
...JL. court, or a judge thereof, or a county judge, and it also appears by such affi- j •( davit, or by the verified complaint on file, that a cause of action exists against /^ /^J the defendant in respect to whom the service is to be made, or that he is a necessary or proper...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1877 - 520 pages
...affidavit to the satisfaction of the court or judge thereof, and it also appears by such affidavit, or by the verified complaint on file, that a cause of...or proper party to the action, such court or judge may make an order that the service be made by the publication of the summons. SEC. 74. The order must...
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