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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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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 σελίδες
...included In } 721, ante. :' 724, Relief against omissions, etc.; amendments to conform proceedings. — 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 Cases Argued and Determined in the Supreme Court of the ..., Τόμος 1

George Caines - 1883 - 796 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, relieve a party from a judgment, order, or otIn proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect;...

The Pacific Reporter, Τόμος 144

1915 - 1230 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,...inadvertence, surprise, or excusable neglect." In the latter legislative edict it will be observed that the court may in the exercise of its "discretion"...

The Pacific Reporter, Τόμος 154

1916 - 1232 σελίδες
...prescribed by Code Civ. Proc. § 473, providing that on application made within six months the court may relieve a party from a judgment, order, or other proceeding...mistake, inadvertence, surprise, or excusable neglect, in the absence of other cases see «ame topic and KEY-NUMBER In all Key-Numbered Digests and Indexes a...

The Pacific Reporter, Τόμος 188

1920 - 1148 σελίδες
...motion." By section 6589 of the Revised Codes, the duty to "relieve a party or his legal representative from a judgment, order, or other proceeding taken...mistake, inadvertence, surprise or excusable neglect" in a proper case, is imposed upon the district court, and the presumption that its discretion has been...

The Pacific Reporter, Τόμος 3

1884 - 938 σελίδες
...which reads as follows: "The court may, * * * in its discretion, and upon such terms as may he just, at any time within one year after notice thereof,...party from a judgment, order, or other proceeding against him, through his mistake, inadvertence, surprise, or excusable neglect." Rev. St. Wis. 1858,...

The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

North Carolina, Walter Clark - 1884 - 550 σελίδες
...or- ". der to enlarge such time; and may also in his discretion, and upon such terms as may be just, at any time within one year after- notice thereof, relieve a party from a judgment, order or oilier proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect,...

The Pacific Reporter, Τόμος 76

1904 - 1174 σελίδες
...the order of final settlement, under section 103, В. & С. Сотр., providing for the relief of a party from a judgment, order, or other proceeding...taken against him through his mistake, inadvertence, surprise, or excusable neglect. It may well be doubted whether such fraud as is here complained of...

Laws of the Territory of Utah Passed by the Legislative Assembly, Τόμος 26

Utah - 1884 - 666 σελίδες
...this Code; 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,...

The Pacific Reporter, Τόμος 86

1906 - 1164 σελίδες
...court may allow an answer to be filed after the time limited, and may upon such terms as may be just relieve a party from a judgment, order, or other proceeding taken against him by mistake, inadvertence, surprise, or excusable neglect, and as heretofore held by this court stronger...




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