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" If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306. "
Reports of Decisions on the Code of Procedure, New Series - Page 167
1852
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...liable to the sheriff, by action, for all damages which he may sustain by reason of such omission. 179. A defendant arrested, may, at any time before the...vacate the order of arrest, or to reduce the amount of the bail. § 180. If the motion be made upon affidavits on the part of the defendant, but not otherwise,...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...action, for the damages which he may sustain by reason of such omission. Amended Code, $203. $ 700. A defendant arrested may, at any time before •the...order of arrest, or to reduce the amount of bail. Amended Code, § 204. 701. If the motion be made upon affidavits on the part of the defendant, but...
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Laws of the State of New York, Volume 2

New York (State) - 1851 - 1408 pages
...be liable to the sheriff, by action, for damages which he may sustain by reason of such omission. k 204. A- defendant arrested, may, at any time before...order of arrest, or to reduce the amount of bail. Affida»it« § 205. If the motion be made upon affidavits on the part . ^ ^e Defendant, ),ut not otherwise,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...remedies in this same code. In the cases of arrest and bail, sections 204 and 205, provide, " that a defendant arrested, may at any time before the justification...order of arrest, or to reduce the amount of bail; and if the motion be made upon Conklin ar.d Conklin agt. Dutcher. affidavits on the part of the defendant,...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...sustain by reason of such omission. $ 204. [179.] Motion to vacate or der of arrest, or reduce bail. — A defendant arrested may, at any time before the justification...order of arrest, or to reduce the amount of bail. This section is identical with section 179 in the code of 1848. The motion to vacate need not necessarily...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...bond, to the judge thereof, or to any circuit judge, or to the presiding judge of the county court, by motion, to vacate the order of arrest, or to reduce the amount of bail. Reasonable notice of the motion shall be given to the plaintiff. If satisfied that the bail ought not...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...bond, to the judge thereof, or to any circuit judge, or to the presiding judge of the county court, by motion, to vacate the order of arrest, or to reduce the amount of bail. Reasonable notice of the motion shall be given to the plaintiff. If satisfied that the bail ought not...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 pages
...application to the court. His powers in this respect are conferred by sec. 204 in the following terms : § 204. A defendant arrested may, at any time before...order of arrest, or to reduce the amount of bail. The motion for this purpose must be made upon notice in the usual manner, or upon an order to show...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...GÜ ; 2 Ib., 514 ; 9 Wund., 477. § 204. [179.] Motion to vacate order of arrest, or reduce bail. — A defendant arrested may, at any time before the justification...order of arrest, or to reduce the amount of bail. * This section is identical with section 179 in the code of 1848. The nmt ¡on to vacate need not necessarily...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 pages
...54, 60; 2 /6., 514 ; 9 Wend., 477. § 204. [179.] Motion to vacate order of arrest, or redact bail. A defendant arrested may, at any time before the justification...order of arrest. or to reduce the amount of bail. This section is identical with section 179 in the code of 1848. '/'<> whom motion to be made. When...
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