...tiling a uew one. SEC. 113. Relief from effect of judgments and orders. — Upon such terms as maybe just, the Court may relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise...

...854. A grantee is a legal representative of the grantor, within Code Civ. Proc. i 473, providing that the court may relieve a party or his legal representative from a judgment taken against him through his mistake, in advertence, surprise, or excusable neglect Malone...

...application is made under section four hundred and seventy-three, Code of C, P. That section provides, " that the court may relieve a party, or his legal representative, from a judgment, order, or other proceeding, taken s^ainst him through his mistake, inadvertence, surprise,...

...it set aside under the provisions of section 473 of the Code of Civil Procedure which provides that, "The court . . . may . . . relieve a party or his legal representative from a judgment . . . taken against him through his mistake, inadvertence, surprise or excusable neglect"....

...false testimony, under certain conditions.80 A provision common to a number of other states is that the court may relieve a party or his legal representative from a judgment order or other proceeding taken against him through his mistake, inadvertence, surprise or...

...proceeded under section 473 of the Code of Civil Procedure. Said section, among other things, provides that the court "may . . . relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise,...

...Order ****** • (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court...judgment, order, or proceeding for the following reasons: * * * (6) any other reason justifying relief from the operation of the judgment. The motion shall be...

...testify shall be determined in like manner. RULE 12.2 (b) Mistakes; Inadvertence; Excusable Neglect: On motion and' upon such terms as are just, the court...representative from a final judgment, order, or proceeding for mistake, inadvertence, surprise, or excusable neglect, [new paragraph] (c) Harmless Error: No error...

...appellate court. (b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence ; Fraud, etc. On motion and upon such terms as are just, the court...discovered evidence which by due diligence could not have beer discovered in time to move for a new trial unde» Rule 59 (b) ; (3) fraud (whether heretofore...

...Neglect—Newly Discovered Evidence— Fraud, Etc. On motion of a party or upon its own initiative and upon such terms as are just, the court may relieve...excusable neglect; (2) newly discovered evidence; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct...