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" An action is commenced against a defendant, within the meaning of any provision of this act which limits the time for commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest... "
American Law Reports Annotated - Page 108
1923
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Parsons' Practice Manual of the State of New York

1922 - 1482 pages
...action deemed to be commenced. An action is commenced against a defendant, within the meaning of any provision of this act which limits the time for commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him....
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Clevenger's New York Practice, Being Civil Practice Act, Rules of Civil ...

New York (State) - 1922 - 2040 pages
...action deemed to be commenced. An action is commenced against a defendant, within the meaning of any provision of this act which limits the time for commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him....
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American Federal Tax Reports, Volume 5

1927 - 1150 pages
...him or on a codefendant who is a joint contractor or otherwise united in interest with him. "Sec. 17. An attempt to commence an action in a court of record is equivalent to tb<» commencement thereof against each defendant, within the meaning of each provision of this act...
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Parsons' and Clevenger's Annual Practice Manual of New York

1924 - 1994 pages
...action deemed to be commenced. An action is commenced against a defendant, within the meaning; of any provision of this act which limits the time for commencing an action, \vhen the summons is served on him or on a co-defendant T»VIQ is a joint contractor or otherwise united...
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Cases on Trial Practice in Civil Actions: Selected from English and American ...

James Patterson McBaine - 1927 - 1074 pages
...follows: "An attempt to commence an action shall be deemed equivalent to the commencement thereof * * * when the summons is delivered with the intent that it shall be actually served; * * * if a corporation organized under the laws of this state be defendant, to the sheriff or the proper...
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The Northeastern Reporter, Volume 25

1891 - 1240 pages
...DM»ion. Oct. 1, 1890.) LIMITATIONS — COMMENCEMENT OP ACTIOK. Code Civil Proc. NY S 399, provides that "an attempt to commence an action in a court of record is equivalent to the commencement thereof, * » » within the meaning of each provision of this act which limits the time for commencing an action...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 184

New York (State). Supreme Court. Appellate Division - 1919 - 1132 pages
...equivalent to the commencement of the action. Section 399 of the Code of Civil Procedure, providing that " An attempt to commence an action, in a court of record, is equivalent to the comLIEN — Continued. mencement thereof against each defendant, within the meaning of each provision...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 5

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1897 - 702 pages
...interest with him. An attempt to commence an action is deemed equivalent to the commencement thereof, when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendants, or one of them, usually or last resided." Section...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 124

Minnesota. Supreme Court - 1914 - 680 pages
...commence an action is deemed equivalent to the commencement thereof, within the meaning of this chapter, when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendants, or one of them, usually or last resided ; or...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 22

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1861 - 614 pages
...commence an action is deemed equivalent to the commencement thereof, within the meaning of the title, when the summons is delivered, with the intent that it shall be actually served, to the sheriff, &c., of the county in which the defendants, or one of them, usually or last resided. But such an attempt...
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