 ... 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 proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...  The Code of Procedure of the State of New York: As Amended April 16, 1852 ... - Page 193by New York (State) - 1852 - 590 pagesFull view - About this book
 | Henry Whittaker - 1863 - 1154 pages
...powers conferred by section 174, especially that part of it providing that the court " may also, in its discretion, and upon such terms as may be just,...taken against him, through his mistake, inadvertence, surprise, or excusable neglect." This subject has been already touched upon incidentally, under many... | |
 | New York (State) - 1863 - 1026 pages
...be done after the time limited by this menu. act, or by an order enlarge such tune; and may also, in its discretion, and upon such terms as may be just,...party from a judgment, order, or other proceeding, token against him through his mistake, inadvertence, surprise or excusable neglect: and may supply... | |
 | Idaho - 1864 - 734 pages
...such 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... | |
 | Idaho (Ter.) - 1864 - 762 pages
...such 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... | |
 | Montana - 1866 - 802 pages
...such 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, inadvertancc, surprise or excusable neglect. When, from any cause, the summons was not personally served... | |
 | Montana (Ter.) - 1866 - 792 pages
...such 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 was not personally served... | |
 | New York (State) - 1867 - 1086 pages
...be done, after the time limited by this act, or by an order enlarge such time : and (2.) may also in uld be abolished, that the distinction between legal...proceeding, in all cases, should be established ; therefore, (3.) supply an omission in any proceeding ; and (4.) whenever any prc»ceeding taken by a party fails... | |
 | John Townshend - 1867 - 298 pages
...amendment by correcting a mistake In the name of a party, or a mistake in any other respect, 78. court may relieve a party from a judgment, order, or other proceeding...taken against him through his mistake, inadvertence, surprise, or excusable neglect, 79. See Amendment, Variance. MITIGATING CIRCUMSTANCES, pleading, in... | |
 | Nathan Howard (Jr.) - 1867 - 634 pages
...provisions. The Code provides (§ 174}, that 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 such provision limits the power to one year after notice, and is... | |
 | Austin Abbott - 1868 - 598 pages
...provisions. The Code provides (§ 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... | |
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