To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause. The New York Code of Civil Procedure, in One Volume, Containing All ... - Page 238by New York (State), Morris Cooper - 1894 - 801 pagesFull view - About this book
| New York (State) - Law - 1880 - 832 pages
...surrogate's court, under authority of a statute. 6. To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court...jurisdiction exercises the same powers. Upon an appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general... | |
| New York (State) - 1881 - 1532 pages
...surrogate's court, under authority of a statute. 6. To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court...jurisdiction exercises the same powers. Upon an appeal from a determination of the (surrogate, made upon an application pursuant to this subdivision, the... | |
| Theodore Frelinghuysen Cornell Demarest - Law reports, digests, etc - 1883 - 698 pages
...law or in fact. Code Civ. Pro., J; 2481, subJ. 6, giving to a Surrogate, in or out of court, power "to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error or other suffieient cause," does not authorize the court to sit in review of its own decisions, as upon an appeal... | |
| Law reports, digests, etc - 1921 - 994 pages
...following statement of certain of such powers: "To open, vacate, modify, or set aside, or to enter as of a former time, a decree or order of his court;...record and of general jurisdiction exercises the same powere." The order of reversal does not specify or refer to any question of fact upon which the reversal... | |
| New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...surrogate's court, under authority of a statute. 6. To open, vacate, modify, or sel aside, or to enter, as of a former time, a decree or order of his court...discovered evidence, clerical error, or other sufficient cnuse. The powers, conferred by this subdivision, must be exercised onlv in a lilte case and in the... | |
| New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1885 - 672 pages
...Section 2481 provides that a surrogate has power " to open, vacate, modify or set aside, or to enter as of a former time a decree or order of his court,...hearing for fraud, newly discovered evidence, clerical errors or other sufficient cause. The power conferred by this subdivision must be exercised only in... | |
| Theodore Frelinghuysen Cornell Demarest - Law reports, digests, etc - 1885 - 722 pages
...case, to vacate a decree of his court, and provides that the powers thus granted "must be exercised in the same manner as a court of record and of general jurisdiction exercises the same," the manner indicated is that sanctioned by a court of the character mentioned, in proceedings to set... | |
| Law reports, digests, etc - 1919 - 1050 pages
...open, vacate, modify or set aside or to enter as of a former time, a decree or order made in their court; or to grant a new trial or a new hearing for...clerical error, or other sufficient cause. The powers and authority conferred by this act @=For other cases see same topic and KEY-NUMBER in all Key-Numbered... | |
| Civil procedure - 1887 - 814 pages
...surrogate's court, under authority of u statute. в. To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fl'iiuil, lunvly discovered evidence, clerical error, or other sufficient cause. Tho powers, conferred... | |
| Law reports, digests, etc - 1917 - 1152 pages
...out of court, the power, as the case requires : "6. To open, vacate, modify or set aside, or to enter as of a former time, a decree or order of his court...of general jurisdiction exercises the same powers. * * * "11. With respect to any matter not expressly provided for in the foregoing subdivisions of this... | |
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