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" An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. "
Practice Reports in the Supreme Court and Court of Appeals - Page 309
by Nathan Howard (Jr.) - 1851
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...shall be that prescribed by this title. § 272. An order, made out of court, without notice to the s adverse party, may be vacated or modified, without notice, by the judge, who made it, or may bo vacated or modified on notice, in the manner in which other motions are made. § 273. Any party...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...action, may be reviewed as prescribed by this title, and not otherwise. Amended Code, § 323. § 1163. An order, made out of court, without notice to the...notice, in the manner in which other motions are made. Amended Code, § 324. § 1164. Any party aggrieved may appeal in the cases prescribed in this title....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...that prescribed by this title. § 324. [272.] Orders made out of court, how vacated or modified. — An order, made out of court, without notice to the...notice, in the manner in which other motions are made. This section is identical with section 272 of the code of 1848, and while that code was in force, it...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...prescribed by this title. oiders & 324. An order, made out of court, without notice to made out how0 taLa- the adverse party, may be vacated or modified, without...notice, in the manner in which other motions are made. who may §325. Any party aggrieved may appeal in the cases prescribed in this title. § 326. The party...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...modified, of court, - ' - ' how vaoawithout notice, by the judge who made it, or may be vaca- \^&ed ted or modified on notice, in the manner in which other motions are made. On a motion to vacate or modify, no opposing affidavits can be used by the defendant, nor additional...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...or vacating of orders, will be likewise fuljy considered, under the head of appeals. Exparte orders may be vacated or modified, without notice, by the judge who made them ; or by the same, or any other judge, on notice in the usual manner. (See Code, sec. 324.) Orders...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...or order in a civil action may be reviewed as prescribed by this title, and not otherwise. SEC. 334. An order made out of court, without notice to the...notice, in the manner in which other motions are made. SEC. 335. Any party aggrieved may appeal in the cases prescribed in this title. The party appealing...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853 - 810 pages
...be known as appelant ana respondent. . 231. An order made out of court, without notice Orders made notice, by the judge who made it, or may be vacated or or modified modified on notice, in the manner in which other motions are made. Who may ^E0- ^2. Any...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...California К . 33. § 321. [272.] Existing suite. Orders made out of сопП, /tow vacated or modified. An order, made out of court, without notice to the...notice, in the manner in which other motions are made. t. This section is identical with section 272 of the code of 1848 ; aud while that code was in force...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - Session laws - 1856 - 334 pages
...court. Judgment oB appeal. In what cases appeal taken to the supreme court. Within what time taken, notice, by the judge who made it, or may be vacated...notice, in the manner in which other motions are made. SEO. 232. Any party aggrieved, may appeal in the casee prescribed in this title. SEO. 233. An appeal...
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