| North Carolina. Supreme Court - 1884 - 738 σελίδες
...mistake alleged in an independent action; or, perhaps, in some cases, a party might be relieved against a "judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect," within a year after the entry of the same. THE CODE, § 274; Moore... | |
| 1884 - 1268 σελίδες
...was not the intention of the legislature to limit the time within which a party might obtain relief "from a judgment, order, or other proceeding taken against him," through his surprise, under such circumstances. The intention doubtless was, not to curtail, but to extend, the... | |
| 1917 - 1228 σελίδες
...Revised Statutes 1913, hut within the period of six months within which a party may be relieved from any Judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, under section 600, Id., the appellent moved to set aside the judgment... | |
| New York (State), Charles David Rust - 1885 - 814 σελίδες
...likewise, in its discretion, and upon such terms as justice requires, at any time within one year alter notice thereof, relieve a .party from a judgment,...taken against him through his mistake, inadvertence, surprise, or excusable neglect; and may •Slpply an omission in any proceeding. Where a proceeding,... | |
| Nevada - 1885 - 1332 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 ; and when, from any cause, the summons, and a copy of the complaint... | |
| 1886 - 896 σελίδες
...Wisconsin these statutes provide that the court may "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:" Rev. Stat. of Wis., c. 125, sec. 38; Code of New York, sec. 174; CCP... | |
| 1886 - 988 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 the copy of the complaint in an... | |
| 1887 - 814 σελίδες
...does not affect the substantial rights of the adverse party. § 724. The court may likewise, in iis discretion, and upon such terms as justice requires,...taken against him through his mistake, inadvertence, surprise, or excusable neglect; and may supply an omission in any proceeding. Where a proceeding, taken... | |
| 1888 - 964 σελίδες
...against the sale under Code 8. C. J 195, which provides that " t lie court may, in its discretion, at any time within one year after notice thereof,...proceeding, taken against him through his mistake, inadver;enue, surprise, or excimble neglect," nor under any other provision of the law. 3. SAME —... | |
| 1903 - 1258 σελίδες
...there is no contention of this character. Section 724 of the Code of Civil Procedure provides that "the court may likewise, in its discretion, and upon...taken against him through his mistake, inadvertence, surprise, or excusable neglect" ; and this seems to us a case in which the requirements of justice... | |
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