| North Carolina. Supreme Court - 1879 - 584 páginas
...Procedure, § 133, declares that " the judge may also in his discretion, and upon such terms as may be just, at any time within one year after notice thereof,...judgment, order, or other proceeding taken against him, though his mistake, inadvertence, surprise, or excusable neglect." See. the numerous cases on the construction... | |
| 1879 - 556 páginas
...terms as may be just, and upon payment of costs," to "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" (1 Comp. Laws, 1131), and are of opinion that the action of the court... | |
| Nevada. Supreme Court - 1879 - 592 páginas
...terms as may be just, and upon payment of costs," to "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 " (1 Comp. Laws, 1131), and are of opinion that the action of the court... | |
| South Carolina, Robert A. Lynch - 1880 - 256 páginas
...by correcting a mistake iu the name of a party, or a mistake in any other respect 78, 79 Court may relieve a party from a judgment, order, or other proceeding...taken against him through his mistake, inadvertence, surprise, or excusable neglect. 78, 79 .. See Amendment, Variance. MITIGATING- CIRCUMSTANCES: pleading,... | |
| 1910 - 1052 páginas
...as follows : "Mistake, surprise, excusable neglect. The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, verdict, or other proceeding taken against him through mistake, Inadvertence, surprise or excusable... | |
| 1903 - 1116 páginas
...court 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: provided, that application therefor be made within a reasonable time,... | |
| New York (State) - 1881 - 1532 páginas
...proceedings. — The court may likewise, in its discretion, and upon such terms as justice requires, at any time within one year after notice thereof,...neglect ; and may supply an omission in any proceeding. Where a proceeding, taken by a party, fails to conform to a provision of this act, the court may, In... | |
| Idaho (Ter.) - 1881 - 588 páginas
...be made after the time limited by this Code, and also 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 lias failed... | |
| George Caines - 1883 - 796 páginas
...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;... | |
| 1886 - 1338 páginas
...code provides: "The court may likewise, in its discretion, and upon such terms as justice requires, at any time within one year after. notice thereof,...taken against him through his mistake, inadvertence, surprise, or excusable neglect." In that state it is held that the power to vacate judgments is inherent,... | |
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