 | Law reports, digests, etc - 1908 - 1282 pages
...court may, after the term at which the same was entered, vacate or modify the same or grant a new trial "for unavoidable casualty or misfortune preventing the party from prosecuting or defending." The appellant insists with great earnestness and ability that the defendant had no right to rely upon... | |
 | Kansas - Law - 1909 - 758 pages
...REVERSE, VACATE OR MODIFY JUDGMENTS AND ORDERS IN THE COURTS IN WHICH THEY ARE RENDERED. SEC. 596. The district court shall have power to vacate or modify...the term at which such judgment or order was made: First. — By granting a new trial for the cause, within the time and in the manner prescribed in this... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1220 pages
...unnecessary, however, to rest our conclusion upon that ground alone. It is provided by our Code that the district court shall have power to vacate or modify its own judgments or orders after the term at which such judgments or orders were made for the death of one of the parties before... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1214 pages
...minor or person of unsound mind, when such errors or condition of mind do not appear in the record; (3) for unavoidable casualty or misfortune preventing the party from prosecuting or defending. It is apparent from a reading of the petition that plaintiffs were not entitled to relief on either of... | |
 | Kansas - 1909 - 844 pages
...cause of action.— Anderson v. Beebe, 22 Kan. 768. [b] (Sup. 1901) Civ. Code, | 508, provides that the district court shall have power to vacate or modify its own judgments after the term at which such judgments are made for mistake, neglect, or omission of the clerk, or... | |
 | Law reports, digests, etc - 1912 - 1852 pages
...thereon in the same manner as if the judgment had been rendered therein. Under section 568 of the Code, the district court shall have power to vacate or modify...judgments or orders at or after the term at which »uch judgment or order was made, by granting a new trial of the cause, within tlie time and in the... | |
 | Ohio. Courts - Law reports, digests, etc - 1913 - 728 pages
...may vacate or modify its own judgment or order, after the term at which the same was made: * * * "7. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending. ' ' In this state after judgment term, as in this case, the court has no discretion in the matter.... | |
 | William Mark McKinney - Law - 1917 - 1204 pages
...judgment by default.16 Where, as is frequently the case, a statute permits judgments to be set aside for unavoidable casualty or misfortune, preventing the party from prosecuting or defending, it has been held that one who has suffered by the dishonesty of his attorney is a victim of casualty and... | |
 | William John Tossell - Law reports, digests, etc - 1914 - 816 pages
...may vacate or modify its own judgment or order, after the term at which the same was made : * * * "7. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending." In this state after judgment term, as in this case, the court has no discretion in the matter. The... | |
 | Wyoming. Supreme Court - Law reports, digests, etc - 1914 - 622 pages
...which the same were made. Among those grounds is that specified in sub-division 7 of said section: "For unavoidable casualty or misfortune, preventing the party from prosecuting or defending." That is the only ground upon which the motion to reinstate the case on the docket appears to be based... | |
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The district court shall have power to vacate or modify its own judgments or orders, at or after the term at which such judgment or order was made: First. 
