38:23C-7 - Opening judgment rendered while person in military service
38:23C-7.Ā Opening judgment rendered while person in military service
If any judgment or final order shall be rendered in any action or proceedingĀ governed by sections 4, 5 and 6, above against any person in military serviceĀ during the period of such service, or within 30 days thereafter, and it appearsĀ that such person was prejudiced by reason of his military service in making hisĀ defense thereto, such judgment or order may, upon application, made by suchĀ person or his legal representative, not later than 90 days after theĀ termination of such service, be opened by the court rendering the same and suchĀ defendant or his legal representative let in to defend;Ā provided it is made toĀ appear that the defendant has a meritorious or legal defense to the action orĀ proceeding, or to some part thereof. Vacating, setting aside, or reversing anyĀ judgment or final order because of any of the provisions of this act shall notĀ impair any right or title acquired by any bona fide purchaser for value underĀ such judgment or order.
L.1979, c. 317, s. 7, eff. Jan. 18, 1980.
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If any judgment or final order shall be rendered in any action or proceedingĀ governed by sections 4, 5 and 6, above against any person in military serviceĀ during the period of such service, or within 30 days thereafter, and it appearsĀ that such person was prejudiced by reason of his military service in making hisĀ defense thereto, such judgment or order may, upon application, made by suchĀ person or his legal representative, not later than 90 days after theĀ termination of such service, be opened by the court rendering the same and suchĀ defendant or his legal representative let in to defend;Ā provided it is made toĀ appear that the defendant has a meritorious or legal defense to the action orĀ proceeding, or to some part thereof. Vacating, setting aside, or reversing anyĀ judgment or final order because of any of the provisions of this act shall notĀ impair any right or title acquired by any bona fide purchaser for value underĀ such judgment or order.
L.1979, c. 317, s. 7, eff. Jan. 18, 1980.
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