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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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Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 39

California. Supreme Court - 1873 - 768 σελίδες
...amend or permit an amendment to a pleading, or to enlarge the time for an answer or demurrer, or to relieve a party from a judgment, order or other proceeding taken against him through his mis take, inadvertence, surprise or excusable neglect. Should it be 'held, and there can be no reasonable...

The New York Supreme Court Reports: Cases Determined in the Supreme ..., Τόμος 4

New York (State). Supreme Court - 1874 - 838 σελίδες
...maybe pending, upon guch terms as may be just, 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. Code, § 174. The power, it will be seen from this reference, has been...

Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 498 σελίδες
...hy an order eularge such time- and may also, in its discretion, and upon sucu terms as may he just, at any time within one year after notice thereof, relieve a party from a jndgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise,...

Laws of the State of New York, Τόμος 2

New York (State) - 1876 - 398 σελίδες
...pleadings or other proceedings, which does not affect the substantial rights of the adverse party. § 724. The court may likewise, in its discretion, and upon...taken against him through his mistake, inadvertence, surprise, or excusable neglect ; and may supply an omission in any proceeding. Where a proceeding,...

The Codes and Statutes of the State of California, Τόμος 2

California, Theodore Henry Hittell - 1876 - 986 σελίδες
...to.be made after the time limited by this code, and also relieve a party, or his legal representative, 1 surprise, or excusable neglect; and when, for any reason satisfactory to the court, or the judge thereof,...

The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 σελίδες
...McCoun v. New- York & Hudson River RR Co., 50 NY (5 Sick.) 176; Viadero v. Viadero, 7 Hun, 313. § 724. The court may likewise, in its discretion, and upon...taken against him through his mistake, inadvertence, surprise, or excusable neglect ; and may supply an omission in any proceeding. Where a proceeding,...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμοι 3-4

Nevada. Supreme Court - 1877 - 1090 σελίδες
...Indiana, it is provided that "the court may, iu its discretion, and upon snch terms as may be just, ut any time within one year after notice thereof, relieve...taken against him, through his mistake, inadvertence, surprise, or excusable neglect." (NY Pr. Act, sec. 174; 2 E. 8. Ind. 48, sec. 99.) It will be observed...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 76

North Carolina. Supreme Court - 1877 - 568 σελίδες
...motion must be heard at the term at which the trial is had. By § 133 the Judge in his discretion may relieve a party from a judgment, order or other proceeding taken against him through his surprise, &c., at any time within one year, &c. Of course therefore he may do it at the term at which...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 27

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 636 σελίδες
...furtherance of justice, . . . 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." This provision in express terms confers power upon a court to relieve...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 54

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1921 - 712 σελίδες
...things : "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; and when, for any reason satisfactory to the court, or the judge thereof,...




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