 | Austin Abbott - Civil procedure - 1868 - 598 pages
...(§ 174) that at any time within one year after notice thereof, the court may relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise or excusable neglect. But tnich provision limits the power to one year after notice, and is... | |
 | California, Theodore Henry Hittell - Civil procedure - 1868 - 410 pages
...such terms as may he 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 excusahle neglect; and when, for any cause satisfactory to the court, or the judge at... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1873 - 626 pages
...such terms as may be just, at any timewithin one year after notice thereof, to relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect." We have repeatedly said, that what is meant by " mistake, inadvertence,... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1869 - 622 pages
...upon such terms as may be just, at any time within one year afier notice thereof, relieve a party from a judgment, order, or other proceeding taken against him, through his mistake, inadvertence, surprise, or excusable neglect." (New York Pr. Act, Sec. 174 ; 2 RS Indiana, 48, Sec. 99.) It will... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 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...inadvertence, surprise, or excusable neglect ; and may (3) supply an omission in any proceeding; and, (e) whenever any proceeding taken by a party fails to... | |
 | Utah (Ter.) - Law - 1870 - 162 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...mistake, inadvertence, surprise or excusable neglect; and when, from any cause, the summons and a copy of the complaint in an action have not been personally... | |
 | Civil procedure - 1870 - 378 pages
...enlarge such time, and may also, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against...mistake, inadvertence, surprise or excusable neglect; and r>My supply an omis>ion in any proceeding; and, whenever any proceeding taken by a 11 party fails to... | |
 | Statutes - 1870 - 288 pages
...order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusahle neglect; and may supply an omission in any proceeding ; and whenever any proceeding taken hy a party fails to conform in any respect to the provisions of this Code, the court may in like mauner... | |
 | California, Theodore Henry Hittell - 1871 - 528 pages
...terms as may be just, and upon payment of costs, relieve a party or his legal représentât! ves from a judgment, order, or other proceeding taken against...inadvertence, surprise, or excusable neglect; and when, for any cause satisfactory to the court, or the judge at chambers, the party aggrieved has been... | |
 | Montana (Ter.) - Law - 1872 - 802 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...inadvertence, surprise, or excusable neglect ; and when, for any cause satisfactory to the court, or the judge at chambers, the party aggrieved has been... | |
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... 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... 
