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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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United States Supreme Court Reports, Τόμος 36

United States. Supreme Court - 1892 - 1132 σελίδες
...thereof, relieve a parly from a judgment, order or other proceeding, taken against him through bis mistake, inadvertence, surprise or excusable neglect, and may supply an omission in any proceeding," etc. In fit. Croix Lumber Co. v. Pennitiptnn. 3 Dak. 467, the Supreme Court of the Territory decided...

The New York Code of Civil Procedure ... Containing All Amendments to and ...

New York (State), Morris Cooper - 1893 - 944 σελίδες
...such terms as justice requires, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against...neglect ; and may supply an omission in any proceeding. Where a proceeding, taken by a party, fails to conform to a provision of this act, the court may, in...

Parsons' and Clevenger's Annual Practice Manual of New York

1924 - 1994 σελίδες
...terms as justice requires, at any time within one year after notice thereof, may relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise or excusable neglect. Source — CCP § 724. firs4 clause of first sentence; remainder is...

Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Τόμος 3

Bancroft-Whitney Company - 1927 - 1348 σελίδες
...to a number of other states is that the court may relieve a party or his legal representative from a judgment order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.1 So, also, provision is usually ]922, § 9160, subd. 5; OkL Сотр....

Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Τόμος 2

Bancroft-Whitney Company - 1927 - 1196 σελίδες
...facts involved.14 But if the circumstances are such as would authorize a court to relieve a party from a judgment, order or other proceeding taken against him through his mistake, surprise or excusable neglect, a continuance should invariably be granted.15 In addition to the grounds...

Federal Rules of Civil Procedure, Τόμος 1

United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 σελίδες
...following: "And may, also, upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect; provided that application therefor be made within reasonable time,...

The Southeastern Reporter, Τόμος 16

1893 - 1052 σελίδες
...euch terms аз may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against...neglect, and may supply an omission in any proceeding," such motion will be denied where the judgment is entered on a verdict, as the verdict would stand even...

The Southeastern Reporter, Τόμος 29

1898 - 1068 σελίδες
...Invested with discretion, "at any time within one year after notice thereof [to] relieve a party from a Judgment, order or other proceeding taken against him through his mistake, Inadvertence, surprise or excusable neglect" From what is said by the late Chief Justice Simpson In the case of True«...

California Decisions, Τόμος 49

California. Supreme Court - 1915 - 914 σελίδες
...provides that "the court may, in its discretion. . . . relieve a party or his legal representative from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect". The defendant was entitled to relief under this section. Her remedy...

Reports of the U.S. Board of Tax Appeals, Τόμος 42

United States. Board of Tax Appeals - 1941 - 1630 σελίδες
...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. If no application for a modification of a judgment is made within the...




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