 ... 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
 | Anthony L. Robertson - Law reports, digests, etc - 1868 - 778 pages
...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... | |
 | California, Theodore Henry Hittell - Civil procedure - 1868 - 416 pages
...such terms as may he 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 excusahle neglect. When from any cause, the summons and a copy of the complaint in an... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1869 - 622 pages
...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... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1873 - 626 pages
...discretion, and upon such terms as may be just, at any timewithin 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." We have repeatedly said, that what is meant by " mistake, inadvertence,... | |
 | Civil procedure - 1870 - 378 pages
...reply to be made, or other act to be done, after the time limited by this act, or fy an order enlarge such time, and may also, at any time within one year...mistake, inadvertence, surprise or excusable neglect; and r>My supply an omis>ion in any proceeding; and, whenever any proceeding taken by a 11 party fails to... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...an 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,...inadvertence, surprise, or excusable neglect ; and may (3) supply an omission in any proceeding; and, (e) whenever any proceeding taken by a party fails to... | |
 | Utah (Ter.) - Law - 1870 - 162 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...mistake, 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... | |
 | Statutes - 1870 - 288 pages
...hy an order eularge such tim^; ima may also, in its discretion, and upon such 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,... | |
 | California, Theodore Henry Hittell - 1871 - 528 pages
...such terms as may be just, and upon payment of costs, relieve a party or his legal représentât! ves from a judgment, order, or other proceeding taken...inadvertence, surprise, or excusable neglect; and when, for any cause satisfactory to the court, or the judge at chambers, the party aggrieved has been... | |
 | Montana (Ter.) - Law - 1872 - 802 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, for any cause satisfactory to the court, or the judge at chambers, the party aggrieved has been... | |
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