 | North Carolina. Supreme Court - 1889 - Broj stranica: 904
...also upon newly discovered evidence. The Code, 966 ; Rule 12 in 92 NC Rep., 849. FARRAR v. STATON. to relieve a party from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect, Wade v. Newbern, 73 NC, 318; Home v. Home, 75 NC, 101. These seem to... | |
 | 1890 - Broj stranica: 1130
...plaintiffs are not on that account entitled to relief under Code S. C. S 105, providing that the court may relieve a party from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect. Appeal from common pleas circuit court of Barnwell county; ID WITHERSPOON,... | |
 | 1892 - Broj stranica: 1284
...this we think that the court put too narrow a construction upon the statute authorizing the court to relieve a party from a judgment taken against him through his "mistake • • • or excusable neglect." A mistake of law may afford ground for relief as well as a mistake... | |
 | Abraham Clark Freeman - 1893 - Broj stranica: 1052
...under, the pro vision s of said section 473. The main provision of that section is, that a court may relieve a party from a judgment taken against him "through his mistake, inadvertence, rarpriee, or excusable neglect "; and it is quite clear that the provision just quoted has no application... | |
 | New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - 1917 - Broj stranica: 812
...discretion upon such terms as justice requires at any time within one year after notice thereof to relieve a party from a judgment ' taken against him through his mistake, inadvertence, surprise or excusable neglect. The situation in this case arises not from any irregularity in entering... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1893 - Broj stranica: 692
...a party to file his pleadings Murrer r. The Security Company. after the time limited therefor, and shall relieve a party from a judgment taken against him, through his mistake, inadverte'uce, surprise or excusable neglect, aud supply an omission in any proceedings on complaint... | |
 | Indiana. Appellate Court - 1894 - Broj stranica: 814
...v. Brown. The other cause of demurrer presents a more serious question. Under section 396, RS 1881, the court " shall relieve a party from a judgment...taken against him, through his mistake, inadvertence, surprise, or excusable neglect." If the application to vacate or set aside a judgment be made at the... | |
 | Indiana, Harrison Burns - 1894 - Broj stranica: 1050
...may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, on complaint or motion filed... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1894 - Broj stranica: 704
...JUDGMENT. DISCRETION or COURT— CODE, 8 102.— Under Hill's Code, ">, 102, providing that the court may relieve a party from a judgment taken against him through his mistake, only a plain abuse of discretion In refusing relief will be reviewed.— Lmtjay v. Willamette Locki... | |
 | Indiana. Appellate Court - 1895 - Broj stranica: 786
...pleading. Did the court err in overruling the motion to set aside the default? Section 399, RS 1894, provides, among other things, that the court "shall...a party from a judgment taken against him through mistake, inadvertence, surprise or excusable neglect." Our Supreme Court, in construing this part of... | |
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Court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission... 
