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" ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect... "
The Code of Procedure of the State of New York: As Amended by the ... - Σελίδα 30
των New York (State). - 1851 - 207 σελίδες
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 1

George Caines - 1854
...such terms as may be just, at any time within one year after notice theritof, relieve a parly from a judgment, order, or other proceeding, taken against him through his mistake, inadvertencei surprise, or excusable neglect; and may supply an omission in any proceeding; and whenever...

Reports of Cases Decided in the Supreme Court of the State of Oregon, Τόμος 1

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1862
...that the court may, in its discretion, &c., at any time within one year, &c., relieve a party from a judgment, order, or other proceeding taken against him, through his mistake, inadvertence, surprise, or excusable neglect." Jt was as competent for the Circuit Court to set aside the judgment...

Practice and Pleading in Actions in the Courts of Record in the ..., Τόμος 2

Henry Whittaker - 1863
...upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him, through his mistake, inadvertence, surprise, or excusable neglect." This subject has been already touched upon incidentally, under many...

Laws of the Territory of Idaho

Idaho - 1864
...terms as may be just, and upon payment of costs, relieve a party or his legal representatives from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, when, from any cause, the summons and a copy of the complaint in an...

Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...terms as may be just, and upon payment of costs, relieve a party or his legal representatives from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, when, from any cause, the summons and a copy of the complaint in an...

Reports of Cases in Law and Equity in the Supreme Court of the ..., Τόμος 45

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1866
...striking out the name of any party, &c. ; and the 174th section, in still broader terms, declares that whenever any proceeding taken by a party fails to conform in a.ny respect to the provisions of the Code, the court may permit an amendment of such proceedings so as to make it conformable thereto....

Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...terms as may be just, and upon payment of costs, relieve a (party), or his legal representatives, from a judgment, order, or other proceeding taken against him through his mistake, inadvertancc, surprise or excusable neglect. When, from any cause, the summons was not personally served...

Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...terms as may be just, and upon payment of costs, relieve a (party), or his legal representatives, from a judgment, order, or other proceeding taken against him through his mistake, inadvertance, surprise or excusable neglect. When, from any cause, the summons was not personally served...

The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 σελίδες
...upon such terms as may be just, at any time within one year after notice thereof, relieve a party from course of proceeding, in all cases, should be established ; therefore, (3.) supply an omission in any proceeding ; and (4.) whenever any prc»ceeding taken by a party fails...

The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 292 σελίδες
...mistake In the name of a party, or a mistake in any other respect, 78. court may relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, 79. See Amendment, Variance. MITIGATING CIRCUMSTANCES, pleading, in...




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