 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
 | 1903 - 992 pages
...Attempt to Commence Equivalent to Actual Commencement. — Code Civ. Pro. NY, § 399, provides that an attempt to commence an action in a court of record is equivalent to a commencement thereof against each defendant, within the meaning of each provision of Ihe act which... | |
 | New York (State), Amasa Junius Parker - 1904 - 1624 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 if a joint contractor, or otherwise united in interest with... | |
 | New York (State) - 1907 - 1790 pages
...interest with him. Co. Proc., i 99, am'd. 5 .'toil. Attempt to commence nction fu n eoiarl of record. An attempt to commence an action, in a court of record, is équivalent to the commencement thereof against each defendant, within the meaning of euch provision... | |
 | New York (State) - 1909 - 1738 pages
...i 09, am'd. ¡ .::<:>. Attempt to commence nctlon In я conrt of record. An attempt to commence nn action, in a court of record, is equivalent to the commencement thereof against eacli defendant, within the meaning of each provision of this act, wliK-h limiis the time for commencing... | |
 | Louis Applebome - 1910 - 468 pages
...the attempt to commence the action." Sec. 399 of the Code, providing for service by the sheriff, is as follows: "An attempt to commence an action, in...that it shall be actually served, to the sheriff, or, where the sheriff is a party, to a coroner of the county, in which that defendant, or one of two... | |
 | James Barr Ames, Jeremiah Smith - 1910 - 930 pages
...as is admitted of record. While in civil actions, in order to arrest the Statute of Limitations, " an attempt to commence an action, in a court of record, is equivalent to the commencement thereof," still the attempt goes for naught unless followed by service, actual or constructive, within sixty... | |
 | New York (State) - 1911 - 1740 pages
...interest with him. Co. Proc., I 99, am'd. 5 -'.!"!>. Attempt to commence action In • court of record. An attempt to commence' an action, in a court of record,...within the meaning of each provision of this act, whioh limite the tlrno for commencing an action, when the summons ¡я delivered, with the intent that... | |
 | New York (State). Courts - 1913 - 744 pages
...might 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,...of this act, which limits the time for commencing the action, when the summons is delivered, with the intent that it shall be actually served, to the... | |
 | New York (State) - 1913 - 1790 pages
...interest with him. Co. Proc., | 99, am'd. 5 :Ю9. Attempt to commence nctlon In • conrt of record. An attempt to commence an action, in a court of record,...against each defendant, within the meaning of each provinion of this act, whk-h limiiu the time for commencing an action, when the summons is delivered,... | |
 | 1913 - 1424 pages
...might 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,...thereof, against each defendant, within the meaning oi each iH-tii-ixioii of Hi IK act, which limits the time for commencing the artinn. when the summons... | |
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