| Law reports, digests, etc - 1891 - 1266 pages
...by an order enlarge such time, and may also, in its discretion, and upon such terms ae may be juat, at any time within one year after notice thereof,...taken against him through his mistake, inadvertence, surprise, or excusable neglect, "etc. Appellant claims that this application was not intime; the judgment... | |
| Idaho - Electronic journals - 1921 - 648 pages
...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 against...mistake, inadvertence, surprise or excusable neglect; and whenever, for any reason satisfactory to the court or the judge thereof, the party aggrieved has failed... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1912 - 812 pages
...contention upon the provisions of § 6884, Rev. Codes 1905, providing inter alia that the court may at any time within one year after notice thereof,...and may supply an omission in any proceeding; and authorities construing that provision. This section of the statute has no application to the case at... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1921 - 758 pages
...which is as follows : "The court may likewise, in its discretion and upon such terms as may be just ... at any time within one year after notice thereof,...neglect, and may supply an omission in any proceeding." What then should the defendant have done to have brought himself within this statute ? The proper procedure... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1897 - 702 pages
...Rev. Codes,) which declares that a 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, or other proceedings taken against him through his mistake, inadvertence, surprise, or excusable neglect. The... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1914 - 780 pages
...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, at other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect,... | |
| United States. Supreme Court - Law reports, digests, etc - 1920 - 1138 pages
...enlarge such time; and may also, in its discretion, and upon such terms as may be just, at any tiuie •within one year after notice thereof, relieve a...neglect, and may supply an omission in any proceeding," etc. In St. Croix Lumber Co. v. Pennmpton. 3 Dak. 407, the Supreme Court of the Territory decided that,... | |
| Law reports, digests, etc - 1925 - 1624 pages
...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 his...neglect, and may supply an omission in any proceeding." It is well settled in this state that the application should show not only mistake, inadJn, lumen«—... | |
| Law reports, digests, etc - 1926 - 1640 pages
...184. Indeed, the very language of the statute is that 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 his mistake, inadvertence, surprise, or excusable... | |
| Law reports, digests, etc - 1912 - 968 pages
...reads as follows: "The court . . . 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 . . . taken against him through his mistake, inadvertence, surprise, or excusable neglect. ./ . . "... | |
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