 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 1081923Full view - About this book
 | 1918 - 1258 pages
...MECHANICS' LIENS <g=»250 — "COMMENCEMENT OF ACTION" — TIME. Code Civ. Proc. § 399, providing that an attempt to commence an action in a court of record is equivalent to the commencement thereof, applies to the mechanic's lien law, and delivery of summons to the sheriff for service within the time... | |
 | 1889 - 1064 pages
...contractor, or otherwise united in interest with him." Section 399: "An attempt to commence an action * * * is equivalent to the commencement thereof against...meaning of each provision of this act, which limits tlie time for commencing an action," etc. The limitation of the time within which an action must be... | |
 | New York (State), Charles David Rust - 1889 - 864 pages
...limitation. § 398. [am'ii 1877. j An action is commenced against л 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 codefendanf who ¡з a joint contractor, or otherwise united in interest with... | |
 | United States. Supreme Court - 1889 - 778 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 corporation organized under the laws of this State be defendant, to the sheriff or proper... | |
 | New York (State) - 1890 - 1656 pages
...to commence an action, in 11 c'j.ii ; of record, is equivalent to tlie commencement thereof Igainst each defendant, within the meaning of each provision...of this act, which limits the time for commencing au action, when the summons is delivered, mh the intent that it shall be actually served, to tlie sheriff,... | |
 | New York (State) - 1891 - 1554 pages
...deemed to be commenced. — An action is commenced against ft 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... | |
 | 1891 - 1076 pages
...of the Code of Civil Procedure. The former of these sections prescribes the cases wherein a similar attempt to commence an action in a court of record is equivalent to its commencement within the meaning of the statute of limitations. Section 400 applies the provisions... | |
 | New York (State), Morris Cooper - 1893 - 944 pages
...or, on a co-defendant who is a joint contractor, or otherwise united in interest with him. § 399. An attempt to commence an action, in a court of record,...is equivalent to the commencement thereof against 73 NY 90; each defendant, within the meaning of each provision of this Id. 282. act, which limits the... | |
 | Horace Gay Wood - 1893 - 598 pages
...interest with him. An attempt to eommence an action is deemed equivalent to the commencement thereof, when the summons is delivered, wit.h 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,... | |
 | Austin Abbott - 1894 - 634 pages
...recent case of Gee v. Torrey, 77 Hun, 23, it is held that under Code Civ. Pro., § 399, providing that " An attempt to commence an action in a court of record...defendant within the meaning of each provision of t'.as act which limits the time for commencing an action, when the summons is delivered, with the intent... | |
| |
