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" ... notice to such person, and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party on his depositing in court the amount of the debt... "
Reports of Practice Cases, Determined in the Courts of the State of New York - Page 395
1870
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...defendant, against whom an action is pending, upon a contract, or for specific, real, or personal property, may, at any time before answer, upon affidavit, that...the action, and without collusion with him, makes against him a demand for the same debt or property, apply to the court for an order to substitute such...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...defendant, against whom an action is pending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit, that...the action, and without collusion with him, makes against him a demand for the same debt, or property, upon due notice to such person, and the adverse...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...defendant, against whom an action is pending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit, that...the action, and without collusion with him, makes against him a demand for the same debt, or property, upon due notice to such person, and the adverse...
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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 - Civil procedure - 1851 - 410 pages
...defendant against whom an action is pending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit, that...party to the action, and without collusion with him, maíces against him a demand for the same debt or property, upon due notice to such person, and the...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...against whom an action is pending upon a contract, or for specific, real, or personal property, may of, any time before answer, upon affidavit, that a person,...the action, and without collusion with him, makes against him a demand for the same debt, or property, upon due notice to such person, and the adverse...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...pending upon a contract, or for specific, real, or personal property, may at any time before answer, npon affidavit, that a person, not a party to the action, and without collusion with him, makes against him a demand for the same debt, or property, upon due notice to such person, and the adverse...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...upon a contract, or for specific, real, or personal property, may at any time before answer, itpon affidavit that a person, not a party to the action, and without collusion with him, makes against Mm a demand for the same debt or property, vpon due notice to such person, and the adverse...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1856 - 334 pages
...bill of action is pending, upon a cantract, or for specific, real, or in rpea er. persotiai property, may at any time before answer, upon affidavit, that...to the action, and without collusion with him makes against him a demand for the same debt or property, upon due notice to such person, and the adverse...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before answer, upon affidavit that...the action, and -without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person and to the adverse...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...807. A defendant, against whom an action is pending upon a contract or for specific personal property, action makes against him, and without any collusion with him, a demand upon the same contract, or for...
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