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Session Laws, 1962
Volume 651, Page 203   View pdf image (33K)
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J. MILLARD TAWES, Governor 203

(d) If any judgment shall be rendered in any action or proceeding
governed by this section against any person in civil defense service
or a person suffering injury or damage during the period of being
in such category or within thirty days thereafter, and it appears that
such person was prejudiced by reason of his being a person in civil
defense service or a person suffering injury or damage in making
his defense thereto, such judgment may, upon application being
made by such person or his legal representative, not later than
ninety days after the termination of being in such category, be opened
by the court rendering the same and such defendant or his legal
representative let in to defend; provided it is made to appear that
the defendant has a meritorious or legal defense to the action or some
part thereof. Vacating, setting aside, or reversing any judgment
because of any of the provisions of this sub-title does not impair
any right or title acquired by a bona fide purchaser for value under
such judgment.

(e) At any stage thereof any action or proceeding in any court in
which a person in civil defense service or a person suffering injury
or damage is involved, either as plaintiff or defendant, during the
period of such service or within sixty days thereafter may, in the
discretion of the court in which it is pending, or its own motion, and
shall, on application to it by such person or some person on his
behalf, be stayed as provided in this sub-title, unless, in the opinion
of the court, the ability of plaintiff to prosecute the action or the
defendant to conduct his defense is not materially affected by reason
of being a person in civil defense service or a person suffering injury
or damage.

18. When an action for compliance with the terms of any contract
is stayed pursuant to this sub-title no fine or penalty shall accrue by
reason of failure to comply with the terms of such contract during
the period of such stay, and in any case where a person fails to
perform any obligation and a fine or penalty for such nonperformance
is incurred a court may, on such terms as may be just, relieve
against the enforcement of such fine or penalty if it shall appear
that the person who would suffer by such fine or penalty was a
person in civil defense service or a person suffering injury or
damage when the penalty was incurred and that by reason of being
in such category the ability of such person to pay or perform was
thereby materially impaired.

19. In any action or proceeding commenced in any court against a
person in civil defense service or a person suffering injury or damage,
before or during the period of being in such a category, or within
sixty days thereafter, the court may, in its discretion, on its own
motion, or on application to it by such person or some person on his
behalf shall, unless in the opinion of the court the ability of the de-
fendant to comply with the judgment or order entered or sought is
not materially affected by reason of his being a person in civil defense
service or a person suffering injury or damage—

(1) Stay the execution of any judgment or order entered against
such person, as provided in this sub-title; and

(2) Vacate or stay any attachment or garnishment of property,
money, or debts in the hands of another, whether before or after
judgment as provided in this sub-title.



 

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Session Laws, 1962
Volume 651, Page 203   View pdf image (33K)
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