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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. "
The Code of Civil Procedure of North Carolina: With Notes and Decisions to ... - 第 555 頁
North Carolina, Walter Clark 著 - 1892 - 817 頁
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 頁
...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...
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The Code of Civil Procedure of the State of New York: Reported ..., 第 2 卷

New York (State). - 1850 - 920 頁
...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....
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Practice Reports in the Supreme Court and Court of Appeals, 第 5 卷

Nathan Howard (Jr.) - 1851 - 530 頁
...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....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 頁
...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...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 頁
...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...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 頁
...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...
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Practice Reports in the Supreme Court and Court of Appeals, 第 7 卷

Nathan Howard (Jr.) - 1852 - 576 頁
...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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 頁
...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...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 頁
...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...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 頁
...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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