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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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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1538 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...
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A Treatise on Bills of Exchange: Promissory Notes, Coupon Bonds ..., Volume 2

Isaac Edwards - 1882 - 560 pages
...become a bar.' 960. *An attempt to commence an action is *679d deemed equivalent to its commencement, when the summons is delivered with the intent that it shall be actually served, to the sheriff or other officers of the county in which the defendants, or one of them, usually or last resided, provided...
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A Treatise on the Limitation of Actions at Law and in Equity: With an ...

Horace Gay Wood - 1882 - 992 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...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 130

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1889 - 774 pages
...follows: "An attempt to commence an action shall be deemed equivalent to commencement thereof . . . when the summons is delivered with the intent that it shall be actually served ; . . . if a cor poration organized under the laws of this State be defendant, to the sheriff or proper...
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Howard's Practice Reports: Containing Cases Under the Code of ..., Volume 1

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 674 pages
...under section 416 an action is commenced by the service of a summons alone; that under section 399 an attempt to commence an action in a court of record is, in certain cases, equivalent to the commencement thereof against each defendant when the summons is...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Volume 7

1885 - 536 pages
...action is commenced by the service of a summons Edson . Roosevelt. alone ; that under section 399 an attempt to commence an action, in a court of record, is in certain cases equivalent to the commencement thereof against each defendant, when the summons is...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 pages
...to commence nn action, in a court of equivalent to the commencement thereof ajrainst each defendant, an action, when the summons is delivered, with the intent that it 11 be actually served, to the sheriff, or, where ihe sheriff is u |>:irty, to a ir of the county, in...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...or, on a coilel'endant who is a joint contractor, or otherwise united in interest with him. mencing an action, when the summons is delivered, with the...that it shall be actually served, to the sheriff, or, where the sheriff sa party, to a coroner of the county, 4n which that defendant or one of two...
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General Rules of Practice and Rules of the Subordinate Courts of Record of ...

Marcus Tullius Hun - 1887 - 424 pages
...18 of 1S84. CODE OP CIVIL PROCEDURE. } 398. An action is commenced when summons is served. 399. An attempt to commence an action in a court of record is equivalent to the commencement thereof, with reference to the statute of limitations. 400. The delivery of a summons to the proper officer...
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The New York Supplement, Volume 140

1913 - 1288 pages
...be brought or even to destroy it altogether. Section 399 of the Code of Civil Procedure provides : "An attempt to commence an action, in a court of record,...the commencement thereof, against each defendant, icithin the meaning of each provision of this act, which limit* the time for commencing the action,...
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