[Previous] [Next]

§12-1031.


§12-1031.
   
   The district court shall have power to vacate or modify its own
   judgments or orders within the times prescribed hereafter:
   
   1. By granting a new trial for the cause, within the time and in the
   manner prescribed in Sections 651 through 655 of this title;
   
   2. As authorized in subsection C of Section 2004 of this title where
   the defendant had no actual notice of the pendency of the action at
   the time of the filing of the judgment or order;
   
   3. For mistake, neglect, or omission of the clerk or irregularity in
   obtaining a judgment or order;
   
   4. For fraud, practiced by the successful party, in obtaining a
   judgment or order;
   
   5. For erroneous proceedings against an infant, or a person of unsound
   mind, where the condition of such defendant does not appear in the
   record, nor the error in the proceedings;
   
   6. For the death of one of the parties before the judgment in the
   action;
   
   7. For unavoidable casualty or misfortune, preventing the party from
   prosecuting or defending;
   
   8. For errors in a judgment, shown by an infant in twelve (12) months
   after arriving at full age, as prescribed in Section 700 of this
   title; or
   
   9. For taking judgments upon warrants of attorney for more than was
   due to the plaintiff, when the defendant was not summoned or otherwise
   legally notified of the time and place of taking such judgment.
   

[Previous] [Next]