 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...shall be that prescribed by this title. § 272. An order, made out of court, without notice to the s adverse party, may be vacated or modified, without notice, by the judge, who made it, or may bo vacated or modified on notice, in the manner in which other motions are made. § 273. Any party... | |
 | New York (State). - 1850 - 920 páginas
...action, may be reviewed as prescribed by this title, and not otherwise. Amended Code, § 323. § 1163. An order, made out of court, without notice to the...notice, in the manner in which other motions are made. Amended Code, § 324. § 1164. Any party aggrieved may appeal in the cases prescribed in this title.... | |
 | Nathan Howard (Jr.) - 1851 - 530 páginas
...Burtis, 4 Cow. 539). And I am inclined to the opinion, that the Code also authorizes the same practice. "An order made out of court, without notice to the...notice, in the manner in which other motions are made" (§ 324). I think this extends to a motion in court. The proceedings must be set aside. Motion granted.... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...that prescribed by this title. § 324. [272.] Orders made out of court, how vacated or modified. — An order, made out of court, without notice to the...notice, in the manner in which other motions are made. This section is identical with section 272 of the code of 1848, and while that code was in force, it... | |
 | New York (State). - 1851 - 266 páginas
...prescribed by this title. oiders & 324. An order, made out of court, without notice to made out how0 taLa- the adverse party, may be vacated or modified, without...notice, in the manner in which other motions are made. who may §325. Any party aggrieved may appeal in the cases prescribed in this title. § 326. The party... | |
 | New York (State), Henry Strong McCall - 1851 - 244 páginas
...modified, of court, - ' - ' how vaoawithout notice, by the judge who made it, or may be vaca- \^&ed ted or modified on notice, in the manner in which other motions are made. On a motion to vacate or modify, no opposing affidavits can be used by the defendant, nor additional... | |
 | Nathan Howard (Jr.) - 1852 - 576 páginas
...to set it aside. And so any other order made out of court, and without notice to the adverse party, may be vacated or modified on notice, in the manner in which other motions are made. This practice is authorized by the 324th section of the Code. But that section is found in the chapter... | |
 | Henry Whittaker - 1852 - 900 páginas
...or vacating of orders, will be likewise fuljy considered, under the head of appeals. Exparte orders may be vacated or modified, without notice, by the judge who made them ; or by the same, or any other judge, on notice in the usual manner. (See Code, sec. 324.) Orders... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...or order in a civil action may be reviewed as prescribed by this title, and not otherwise. SEC. 334. An order made out of court, without notice to the...notice, in the manner in which other motions are made. SEC. 335. Any party aggrieved may appeal in the cases prescribed in this title. The party appealing... | |
 | Wisconsin - 1853 - 810 páginas
...be known as appelant ana respondent. . 231. An order made out of court, without notice Orders made notice, by the judge who made it, or may be vacated or or modified modified on notice, in the manner in which other motions are made. Who may ^E0- ^2. Any... | |
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An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. 
