 | Civil procedure - 1859 - 616 pages
...entered, on failure to answer, viz.: by motion addressed to large discretion vested in the court to relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect. (Code, § 174.) But no appeal could be taken from a judgment by default.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861 - 700 pages
...considered. The petition was based upon § 99 of the practice act. That section provides that the Court may, in its discretion, at any time within one year, relieve...taken against him through his mistake, inadvertence, surprise, or excusable neglect. 2 RS pp. 48, 49. We perceive no objection to the petition. The facts... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1866 - 614 pages
...also, in its discretion, allow a party to file his pleading after the tune limited therefor ; and, at any time within one year, relieve a party from...taken against him through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceeding." This court has held, under... | |
 | Nathan Howard (Jr.) - Civil procedure - 1867 - 636 pages
...warrant any such interference by the court. 1. Although section 174 of the Code allows the court to relieve a party from a judgment " taken against him through his mistake, inadvertence, surprise or excusable neglect," no case of such character is made by the affidavits on the part of... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1867 - 610 pages
...NEGLECT. — ARUSE or DISCRETION. — Section 99 of the code gives to the lower courts a discretion to relieve a party from a judgment taken against him through his mistake, &c., and the Supreme Court will not review the exercise of this power, unless that discretion has been... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869 - 712 pages
...in its discretion, allow a party to file his pleadings after the time limited therefor; and at auy time within one year relieve a party from a judgment...taken against him through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in auy proceedings." By this provision, it was... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1918 - 638 pages
...showing mads for relief under Code Civ. Proc. 1912, sec. 225, providing that within a year the Court may relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect, the same relief could be given after the time for appeal has expired... | |
 | Abraham Clark Freeman - Judgments - 1873 - 592 pages
...discretion, and on such terms as may be just, at any time within one year after notice thereof, to relieve a party from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect."1 In other States, this provision has been substantially copied, except... | |
 | William Wait - Civil procedure - 1874 - 910 pages
...ample power in this respect is conferred by the provisions of the Code, which authorizes the court to relieve a party from a judgment taken against him "through his mistake, inadvertence, surprise, or excusable neglect," at any time within one year after notice of the judgment. Code, §... | |
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... relieve a party from a judgment ' taken against him through his mistake, inadvertence, surprise or excusable neglect. 
