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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 New-York Legal Observer - Page 245
edited by - 1854
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...reply to be made, after the time limited by this act, or by an order enlarging such time, and may also, at any time within one year after notice thereof,...proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect; and may supply an omission, in any proceeding. And whenever...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...discretion, and upon such terms as may be just, allow an answer or reply to be made, or other act to be done after the time limited by this act, or by an...proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding; and whenever...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...to be made or other act to be done after the time limited by this act, or by an order enlarge snch time; and may also, in its discretion, and upon such...proceeding, taken against him through his mistake, inadvertence, surprise or excusable neglect: and may 'supply an omission in any proceeding ; and whenever...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...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,...proceeding, taken against him through his mistake, inadvertence, surprise or excusable neglect; and may supply an omission in any proceeding; and whenever...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...an order enlarge such time; Crittendeu agt. Adams and Crittemlen impleaded with Rooks. and may also within one year after notice thereof relieve a party...proceeding taken against him, through his mistake, inadvertence, surprise or excusable neglect, and may supply an omission in any proceeding; and whenever...
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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
...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...proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect: and may supply an omission in any proceeding; and whenever...
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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
...such terms as may be just, at any time -within one year after notice thereof, relieve a party f rom 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; and whenever...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...discretion, and upon such terms as may be just, allow an answer or reply to be made or other act to be done after the time limited by this act, or, by an...proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect ; and may supply an omission in any proceeding ; and whenever...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...correcting a mistake in the name of a party, or a mistake in any other respect, 193, 194. court may relieve a party from a judgment order, or other proceeding taken against him througli his mistake, inadvertence, surprise, or excusable neglect, 197. of officer of the court —...
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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...
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