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" ... 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 193
by New York (State) - 1852 - 590 pages
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Laws of the State of New York, Volume 1

New York (State) - Session laws - 1849 - 864 pages
...other act to be done, after the time limited by this act, or by an order enlarge such time and may also at any time within one year after notice thereof relieve...proceeding, taken against him through his mistake, inadvertance, surprise, or excusable neglect ; and may supply an omission, in any proceeding ; and...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...relieve the parties from judgments, orders, or other proceedings, taken against them, through their mistake, inadvertence, surprise, or excusable neglect ; and may supply an omission, in any proceeding. The original section was misprinted in some copies of the code, by omitting the part in italics in...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...act to be done after the time limited by this act, or by an order enlarge such lime; and may also, in its discretion, and upon such terms as may be just,...-within one year after notice thereof, relieve a party f rom a judgment , order, or other proceeding, taken against him through his mistake, inadvertence,...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...by this act, Pasged or by an order enlarge such time; and may also, in its discre- ts49- , , tion, and upon such terms as may be just, at any time within 1s51one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 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 action...
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The New-York Legal Observer, Volume 12

Samuel Owen - Law - 1854 - 398 pages
...act tobe done, after the time limited by this act; or by an order, enlarge such time, and may also in its discretion; and upon such terms as may be just,...proceeding taken against him, through his mistake, inadvertance, surprise or excusable neglect; and may supply an omission in any proceedings ; and whenever...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...to be done after the time limited by this act, or by an order enlarge such time ; and may also, in its discretion, and upon such terms as may be just,...taken against him through his mistake, inadvertence, surprise, or excusable neglect. f/'bf "« "to- SEC. 74. When the plaintiff shall be ignorant of the...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...to be done, after the. time limited by this act, or by an order enlarge such time ; and may also in its discretion, and upon such terms as may be just,...taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding ; and whenever any proceeding...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 3

Civil procedure - 1857 - 610 pages
...on this application entertain the question. Section 171 of the Code provides, that the court may, in its discretion, and upon such terms as may be just,...notice thereof, relieve a party from a judgment, order, &c., taken against him, through his mistake, inadvertence, surprise, or excusable neglect. For this...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 13

Nathan Howard (Jr.) - Civil procedure - 1857 - 630 pages
...Peahody agt. The Attorney-General. 174 of the Code provides, that the court may, in its discretion, end upon such terms as may be just, at any time within...notice thereof, relieve a party from a judgment, order, &c., taken against him, through his mistake, inadvertence, surprise, or excusable neglect. For this...
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