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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... "
Rules of Civil Procedure for the District Courts of the United States with ... - Página 73
por United States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure - 1939 - 313 páginas
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The Northwestern Reporter, Volume 133

1912 - 1262 páginas
...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...
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The Federal Reporter, Volume 119

1903 - 1116 páginas
...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...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1880 - 864 páginas
...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...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - 1880 - 786 páginas
...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...
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The Pacific Reporter, Volume 34

1894 - 1170 páginas
...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...
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West Coast Reporter ...: Containing All the Decisions as Fast ..., Volumes 9-10

1886 - 1338 páginas
...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...
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The Pacific Reporter, Volume 174

1918 - 1214 páginas
...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...
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The Pacific Reporter, Volume 94

1908 - 1164 páginas
...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...
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The American Decisions: Containing All the Cases of General Value ..., Volume 58

1886 - 896 páginas
...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...
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The Pacific Reporter, Volume 9

1886 - 988 páginas
...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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