 | New York (State). Commissioners of the Code - Civil law - 1862 - 550 pages
...this Code, or by the surrogate under authority of any such provision. surr°Sa*'c has tne same powers to open, vacate, modify or set aside, or to enter as of a former time, decrees or orders of his court, that courts of general jurisdiction and of record have. Mistakes R... | |
 | Amasa Angell Redfield - Law reports, digests, etc - 1882 - 740 pages
...subdivision reads as follows: "A Surrogate, in court or out of court, as the case requires, has power ... to open, vacate, modify, or set aside, or to enter as of a former tims, a decree or order of this court." It seems to me very evident that, by this language, the legislature... | |
 | 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... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1885 - 672 pages
...(Chap. 18, tit. 2, art. 4, sec*. 2568 to 2589). Section 2481 provides that a surrogate has power " to open, vacate, modify or set aside, or to enter...hearing for fraud, newly discovered evidence, clerical errors or other sufficient cause. The power conferred by this subdivision must be exercised only in... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...statute, or by the 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...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... | |
 | Law reports, digests, etc - 1919 - 1050 pages
...follows: "1. The surrogates of the several counties of this state are hereby given the power and authority to 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 fraud, newly discovered evidence,... | |
 | Civil procedure - 1887 - 814 pages
...any duty imposed upon him, by statute, or by the surrogate's court, under authority of u statute. в. To open, vacate, modify, or set aside, or to enter,...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 - 1906 - 1270 pages
...admitting the will to probate. Subdivision 6 of section 2481 of the Code gives the surrogate power — "to open, vacate, modify or set aside, or to enter...must be exercised only in a like case and in the same mauuer as a court of record and of general jurisdiction exercises the same powers." Section 2653a of... | |
 | Law reports, digests, etc - 1918 - 1258 pages
...derived from subdivision 6, § 2490, of the Code. That subdivision provides that the surrogate may "grant a new trial or a new hearing for fraud, newly...evidence, clerical error, or other sufficient cause." The petitioner does not allege that the executors were guilty of fraud in the original transfer tax proceeding,... | |
 | Law reports, digests, etc - 1915 - 1288 pages
...intervene. Under section 2490, subd. 6, of the Code of Civil Procedure, the surrogate is given power: "To open, vacate, modify, or set aside, or to enter as of a former time, a decree or order ofi his court; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical... | |
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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. 
