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" ... application, and shall file a full answer to the petition, pay all costs, if the court require them to be paid, and make it appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof... "
Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Page 310
by William John Tossell - 1905
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 pages
...appear to the satisfaction of the court, by affidavit, that, during the pendency of the action, he had no actual notice thereof, in time to appear in court and make his defence ; but the title to any met »jeot.d. Whta heir« art •I-Í' J.llOHlV Action» agitait two...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 pages
...allowed to present counter affidavits, to show that during the pendency of the action, the applicant had notice thereof, in time to appear in court and make his defense. How to proceed § 7«>• I u actions where it shall be necessary to make the in :iciiom heirs or devisees...
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Session Laws

North Dakota - 1862 - 640 pages
...appear to the satisfaction of the court, by affidavit, that during the pendency of the action, he had no actual notice thereof, in time to appear in court and make his defence ; but the title to any property, the subject of the judgment or order sought to be opened,...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 pages
...appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense, but the title to any property, the subject of the judgment or order sought to be opened, which by it,...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 pages
...court, by COMMENCEMENT OF A CIVIL ACTION. affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense; but the title to any property, the subject of the judgment or order sought to be opened, which, by...
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The Compiled Laws of Wyoming: Including All the Laws in Force in Said ...

Wyoming - 1876 - 882 pages
...appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense, but the title to any property, the subject of the judgment, or order sought to be opened, which by...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 842 pages
...appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense ; but the title to any property, the subject of the judgment or order sought to be opened, which by...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 838 pages
...allowed to present counter affidavits, io show that during the pendency of the action the applicant had notice thereof in time to appear in court and make his defense. SEC. 83. _ [Unknown heirs.] — In actions where it shall be necessary to make the heirs or devisees...
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The Pacific Reporter, Volume 43

1896 - 1212 pages
...pay all costs If the court required them to be paid; that during the pendency of this action he had no actual notice thereof in time to appear in court and make his defense; and that said judgment was rendered upon no other service than that of publication. Thereupon the plaintiff...
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The Pacific Reporter, Volume 2

1884 - 948 pages
...appear to the satisfaction of the court by affidavit that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense. NOT, the original application fully complied with all these requisites. It was filed within three years,...
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