 ... 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 Civil Procedure of the State of New-York - Page 281by New York (State). Commissioners on Practice and Pleadings - 1850 - 791 pagesFull view - About this book
 | Law reports, digests, etc - 1884 - 938 pages
...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,... | |
 | Utah - Law - 1884 - 666 pages
...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...inadvertence, surprise, or excusable neglect; and when, for any reason satisfactory to the court, or the judge thereof, the party aggrieved has failed... | |
 | North Carolina, Walter Clark - Civil procedure - 1884 - 550 pages
...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,... | |
 | Law reports, digests, etc - 1904 - 1174 pages
...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... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1884 - 738 pages
...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... | |
 | Law reports, digests, etc - 1906 - 1164 pages
...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... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...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,...inadvertence, surprise, or excusable neglect; and may •Slpply an omission in any proceeding. Where a proceeding, taken by a party, fails to conform to... | |
 | Nevada - Law - 1885 - 1332 pages
...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...inadvertence, surprise, or excusable neglect ; and when, from any cause, the summons, and a copy of the complaint in an action, have not been personally... | |
 | Law reports, digests, etc - 1886 - 896 pages
...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... | |
 | Law reports, digests, etc - 1886 - 988 pages
...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... | |
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