 ... 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 other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect,...  Practice Reports in the Supreme Court and Court of Appeals - Page 312by Nathan Howard (Jr.) - 1851Full view - About this book
 | New York (State) - Session laws - 1849 - 864 pages
...done, after the time limited by this act, or by an order enlarge such time and may also at any time within one year after notice thereof relieve a party...proceeding, taken against him through his mistake, inadvertance, surprise, or excusable neglect ; and may supply an omission, in any proceeding ; and... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...correcting a mistake in the name of a party, or a mistake in any other respect, 193, 194. court may relieve a party from a judgment order, or other proceeding taken against him througli his mistake, inadvertence, surprise, or excusable neglect, 197. of officer of the court —... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 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 a copy of the complaint in an action... | |
 | Samuel Owen - Law - 1854 - 398 pages
...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...proceeding taken against him, through his mistake, inadvertance, surprise or excusable neglect; and may supply an omission in any proceedings ; and whenever... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...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...taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding ; and whenever any proceeding... | |
 | Oregon - Law - 1855 - 670 pages
...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...taken against him through his mistake, inadvertence, surprise, or excusable neglect. f/'bf "« "to- SEC. 74. When the plaintiff shall be ignorant of the... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...such terms as may be just, and upon payment of costs, relieve a party or his legal representatives of such persons or not, the associates may be sued by such common name, the summ inadvertance, surprise, or excusable neglect, when from any cause the summons and a copy of the complaint... | |
 | Civil procedure - 1857 - 610 pages
...Code provides, that the court may, 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, &c., taken against him, through his mistake, inadvertence, surprise, or excusable neglect. For this... | |
 | California - Civil procedure - 1858 - 320 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 a copy of the complaint in an action... | |
 | Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...discretion, and upon such terms as may be just, at any time within one year after notice thereof, release a party from a judgment, order, or other proceeding taken against him through mistake, inadvertence, surprise, or excusable neglect. Thus, then, a judgment may be relieved against... | |
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