 | New York (State) - Civil procedure - 1855 - 802 pages
...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, and may supply an omission in any proceeding ; and whenever any proceeding... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...order or other proceeding taken against him'' through 'his' 'mistake, inadvertance or surprieeV o* excusable 'neglect, and may; supply an omission in...proceeding; and whenever any proceeding taken ''by a party 'Mia to Conform in afly respect'to'the provisions of this' cdde,1 the court may in nke manne'f, and... | |
 | District of Columbia - Law - 1857 - 788 pages
...at any time within one year after notice thereof, relieve a party or his legal representatives from a judgment, order, or other proceeding, taken against...neglect ; and may supply an omission in any proceeding. SEC. 53. Whenever the plaintiff shall be ignorant of the name of a defendant, such defendant may be... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...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, inadvertance, surprise, or excusable neglect, when from any cause the summons and a copy of the complaint... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 710 pages
...mistake in any other respect ; and may also, in its discretion, and upon such terms as may be just, supply an omission in any proceeding ; and whenever...fails to conform in any respect to the provisions of the code, the court may in like manner, and upon like terms, permit an amendment of such proceeding,... | |
 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1856 - 754 pages
...any pleading, process, or proceeding, by adding or striking out the name of any party" (ยง 173). " Whenever any proceeding taken by a party fails to conform in any respect to the provisions of the Code, the court may permit an amendment of such proceeding, so as to make it conformable thereto"... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...terms as may bo just, and upon payment of costs, relievo 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1859 - 618 pages
...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 neglect." It can scarcely be contended that, when a trial has been had,- the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 608 pages
...too, as might be cured under the provision of the 174th section of the Code, which declares that " whenever any proceeding taken by a party fails to conform in any respect to the provisions of the Code, the court may, in its discretion and upon such terms as may be just, permit an amendment... | |
 | California - Civil procedure - 1860 - 388 pages
...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... | |
| |
... 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 neglect... 
