 | Law reports, digests, etc - 1912 - 1262 pages
...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 courts of California have uniformly held that their section 473 applied to decrees of final distribution... | |
 | Law reports, digests, etc - 1903 - 1116 pages
...through his mistake, inadvertence, surprise or excusable neglect: provided, that application therefor be made within a reasonable time, but in no case exceeding...after such Judgment, order, or proceeding was taken. When from any cause the summons in an action has not been personally served on '.ie defendant, the... | |
 | California - Civil procedure - 1880 - 864 pages
...through his mistake, inadvertence, surprise, or excusable neglect; provided, that application therefor be made within a reasonable time, but in no case exceeding six month» niter each judgment, order, or proceeding was taken. When from any cause the summons in an... | |
 | California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...through his mistake, inadvertence, surprise, or excusable neglect; provided, that application therefor be made within a reasonable time, but in no case exceeding six mouths after such judgment, order, or proceeding was taken. When from any cause the summons in an action... | |
 | Law reports, digests, etc - 1894 - 1170 pages
...through his mistake, inadvertence, surprise or excusable neglect; provided that application therefor be made within a reasonable time, but in no case exceeding...after such judgment, order or proceeding was taken." Under the provisions of a statute in New York similar to this, it is held that a party in whose favor... | |
 | Law reports, digests, etc - 1886 - 1338 pages
...through his mistake, inadvertence, surprise, or excusable neglect; provided that application therefor be made within a reasonable time, but in no case exceeding...six months after such judgment, order, or proceeding is taken." It lias been held in Bibend v. Kreutz, 20 Cal. 109; Ketchum v. Crippen, 37 Id. 223; and... | |
 | Law reports, digests, etc - 1918 - 1214 pages
...Code of Civil Procedure, which entitles a party to be relieved from the effect of an order entered or proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect The section expressly provides that the right to such relief rests in the discretion of the court; and... | |
 | Law reports, digests, etc - 1908 - 1164 pages
...through his mistake, inadvertence, surprise, or excusable neglect, provided that application therefor be within a reasonable time, but in no case exceeding six months after such order is taken. Judgment was entered in an action September 24, 190G. A copy of the bill of exceptions... | |
 | Law reports, digests, etc - 1886 - 896 pages
...But the California law was amended in Marcli, 1880, and now provides that application for relief must be made within a reasonable time, "but in no case...after such judgment, order, or proceeding was taken:" See CCP, sec. 473, as amended at that date. The Indiana statute was also amended, but note the difference... | |
 | Law reports, digests, etc - 1886 - 988 pages
...through his mistake, inadvertence, surprise, or excusable neglect: provided, that application therefor be made within a reasonable time, but in no case exceeding...six months after such judgment, order, or proceeding is taken." It has been held in Bilend v. Kreutz, 20 Cal. 109; Ketchum v. Crippen, 37 CaJ. 223; and... | |
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... 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... 
