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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... "
The Pacific Reporter - Page 180
1906
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 pages
...such terms as justice requires, at any time within one year alter notice thereof, relieve a .party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect; and may •Slpply an omission in any proceeding. Where a proceeding,...
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The American Decisions: Containing All the Cases of General Value ..., Volume 58

1886 - 896 pages
...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:" Rev. Stat. of Wis., c. 125, sec. 38; Code of New York, sec. 174; CCP...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 23

California. Supreme Court - 1906 - 766 pages
...Act authorizes the Court, " upon such terms as may be just, and upon payment of costs, to relieve any party or his legal representatives from a judgment,...taken against him through his mistake, inadvertence, surprise, or excusable neglect." The order itself is erroneous, in not imposing the payment of costs,...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...upon such terms as justice requires, 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; and may supply an omission in any proceeding. Where a proceeding, taken...
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The Southeastern Reporter, Volume 3

1888 - 964 pages
...lie court may, in its discretion, 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, inadver;enue, surprise, or excimble neglect," nor under any other provision of the law. 3. SAME —...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 7

Montana. Supreme Court, Henry Nichols Blake - 1888 - 696 pages
...proceeded'under section 116 of the first division of the Compiled Statutes of Montana, which reads as follows: " The court may, upon such terms as may be just, and...taken against him through his mistake, inadvertence, surprise, or excusable neglect; and when, for any cause satisfactory to the court or the judge at chambers,...
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The New York Supplement, Volume 8

1890 - 1100 pages
...discretion, upon proper terms, at any time within 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. It is argued by the counsel for the appellant that this provision of...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 pages
...upon such terms as justice requires, 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; and may supply an omission in any proceeding. Where a proceeding, taken...
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The American State Reports: Containing the Cases of General Value ..., Volume 5

Abraham Clark Freeman - 1889 - 1002 pages
...code; and may, also, upon such terms as may be just, relieve a party, or his legal representative, from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect; provided, that application therefor be made within a reasonable time,...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - 1890 - 1670 pages
...upon such terms as justice requires, at my 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 ; and may supply an omia> rion in any proceeding. Where a proceeding,...
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