 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...  Reports of Cases Decided in the Supreme Court of the State of Indiana - Halaman 296oleh Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1905Tampilan utuh - Tentang buku ini
 | Indiana - 1921 - 1060 halaman
...conform to the facts proved, where the amendment will not deprive a party of any substantial right. The court shall relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect, on complaint filed and notice issued, as in original actions within... | |
 | 1859 - 616 halaman
...entered, on failure to answer, viz.: by motion addressed to large discretion vested in the court to relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect. (Code, § 174.) But no appeal could be taken from a judgment by default.... | |
 | 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 - 1861 - 700 halaman
...practice act. That section provides that the Court may, in its discretion, at any time within one year, relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect. 2 RS pp. 48, 49. We perceive no objection to the petition. The facts... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1861 - 780 halaman
...discretion, and upon such terms as may be just, 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" Jellin^baus v. The New York Insurance Co. mission of them for settlement... | |
 | Nathan Howard (Jr.) - 1867 - 636 halaman
...warrant any such interference by the court. 1. Although section 174 of the Code allows the court to relieve a party from a judgment " taken against him through his mistake, inadvertence, surprise or excusable neglect," no case of such character is made by the affidavits on the part of... | |
 | 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 - 1867 - 610 halaman
...NEGLECT. — ARUSE or DISCRETION. — Section 99 of the code gives to the lower courts a discretion to relieve a party from a judgment taken against him through his mistake, &c., and the Supreme Court will not review the exercise of this power, unless that discretion has been... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1918 - 638 halaman
...showing mads for relief under Code Civ. Proc. 1912, sec. 225, providing that within a year the Court may relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect, the same relief could be given after the time for appeal has expired... | |
 | Abraham Clark Freeman - 1873 - 590 halaman
...discretion, and on such terms as may be just, 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."1 In other States, this provision has been substantially copied, except... | |
 | William Wait - 1874 - 910 halaman
...ample power in this respect is conferred by the provisions of the Code, which authorizes the court to relieve a party from a judgment taken against him "through his mistake, inadvertence, surprise, or excusable neglect," at any time within one year after notice of the judgment. Code, §... | |
 | 1898 - 562 halaman
...under 2 Hill's Code, §221, providing that the court may, upon affidavit showing good cause therefor, relieve a party from a Judgment taken against him through his mistake, Inadvertence, surprise, or excusable neglect. — DENTON v. MERCHANTS' NAT. BANK OP SEATTLE, Wash., 51 Pac. Rep.... | |
| |
