 | Arizona. Supreme Court, F. P. Dann, Ernest William Lewis, James R. Dunseath - 1884 - 542 страница
...Compiled Laws, as follows: "The court may, upon affidavit and such terms as may be just, relieve a party from a judgment taken against him, through mistake, inadvertence, surprise, or excusable neglect." This being the mode fixed by statute, must be strictly followed. By this statute there must be a showing,... | |
 | 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 - 1888 - 680 страница
...made. It is to be observed that this is not a proceeding under section 396, wherein a party is seeking to be relieved from a judgment taken against him through...mistake, inadvertence, surprise or excusable neglect, so as to secure the opportunity to present a meritorious defence. Niciert v. Trentman, 104 Ind. 390... | |
 | Indiana. Appellate Court - 1895 - 786 страница
...default? Section 399, RS 1894, provides, among other things, that the court "shall relieve a party from a judgment taken against him through mistake, inadvertence, surprise or excusable neglect." Our Supreme Court, in construing this part of the section, has held that when the party asking the... | |
 | Indiana. Appellate Court - 1899 - 792 страница
...this Court that where a party to an action, upon a proper showing, asks relief, under the statute, from a judgment taken against him "through mistake, inadvertence, surprise, or excusable neglect," it is the imperative duty of the court to grant the relief. Smith v. Noe, 30 Ind. 117; Phelps v. Osgood,... | |
 | Colorado. Supreme Court - 1901 - 730 страница
...may, upon affidavit showing good cause therefor, after notice to the adverse party, relieve a party from a judgment taken against him through mistake, inadvertence, surprise or excusable neglect; and that when, for any cause satisfactory to the court, or the judge at chambers, the party has been... | |
 | 1901 - 1242 страница
...the judgment, under authority of Corup. Laws. § -Ш39, declaring that the court may relieve a party from a judgment taken against him through mistake, inadvertence, surprise, or excusable negligence, and to place the action in which the judgment was rendered on the docket in the circuit... | |
 | Colorado. Court of Appeals - 1903 - 734 страница
...may, upon affidavit showing good cause therefor, after notice to the adverse party, relieve a party from a judgment taken against him through mistake, inadvertence, surprise or excusable neglect; and that when, for any cause satisfactory to the court, or the judge at chambers, the party has been... | |
 | William Hiram Courtright, George S. Berry - 1915 - 790 страница
...by sec. 75 of the code, which authorizes the court to relieve a party, or his legal representatives, from a judgment taken against him through mistake, inadvertence, surprise or excusable neglect, and when, for any cause satisfactory to the court, the party aggrieved was unable to apply for relief... | |
 | 1917 - 1356 страница
...same. In making the distinction the court (12 Colo. App. at page 229, 55 Рас. at page 753) says : "But, because equity will not decline jurisdiction,...that provision, grants a party relief, when he is nhle to give a good reason for his failure. But where a person has no knowledge that anything is required... | |
 | 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 - 1917 - 830 страница
...and upon such terms as may be just at any time within one year after notice thereof, relieve a party from a judgment * * taken against him through * *...mistake, inadvertence, surprise, or excusable neglect." In his application for relief from the judgment, appellant offers to submit to such terms as the court... | |
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Our code provision restricting a party to six months within which to make application to be relieved from a judgment taken against him through mistake, inadvertence, surprise or excusable neglect, has no relevancy here. 
