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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... "
West Coast Reporter ...: Containing All the Decisions as Fast as Filed of ... - Σελίδα 317
1886
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Laws of the Territory of Idaho

Idaho - 1864 - 734 σελίδες
...such 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, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 σελίδες
...such 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...

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

Montana - 1866 - 802 σελίδες
...such 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...

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

John Townshend - 1867 - 298 σελίδες
...by an order, enlarge such time; and may also, in its discretion, and upon such terms as may be just, at any time within one year after notice thereof,...taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding ; and whenever any proceeding...

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

New York (State) - 1867 - 1086 σελίδες
...order enlarge such time : and (2.) may also in its discretion, and upon such terms as may be just, at any time within one year after notice thereof,...taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may (3.) supply an omission in any proceeding ; and (4.) whenever...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 33

Nathan Howard (Jr.) - 1867 - 634 σελίδες
...provisions. The Code provides (§ 174}, that any time within one year after notice thereof, the court may relieve a party from a judgment, order or other proceeding,...taken against him through his mistake, inadvertence, surprise or excusable neglect. But such provision limits the power to one year after notice, and is...

The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 σελίδες
...an order, enlarge such time ; and may also, in its discretion, and upon such terms as may be just, at any time within one year after notice thereof,...taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding; and whenever any proceeding...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 3

Austin Abbott - 1868 - 598 σελίδες
...provisions. The Code provides (§ 174) that at any time within one year after notice thereof, the court may relieve a party from a judgment, order or other proceeding,...taken against him through his mistake, inadvertence, surprise or excusable neglect. But tnich provision limits the power to one year after notice, and is...

Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1868 - 778 σελίδες
...the Code, which provides that the court in its discretion, and upon such terms as shall be just, may relieve a party from a judgment, order or other proceeding taken against him, " through his mietake, inadvertence, surprise or excusable neglect." I cannot persuade myself, that the mode of ascertaining...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 4

Nevada. Supreme Court - 1869 - 622 σελίδες
...Court may, in its discretion, and upon such terms as may be just, at any time within one year afier notice thereof, relieve a party from a judgment, order,...taken against him, through his mistake, inadvertence, surprise, or excusable neglect." (New York Pr. Act, Sec. 174 ; 2 RS Indiana, 48, Sec. 99.) It will...




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