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" But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that... "
An Epitome of the Practice of the High Court of Chancery: As Altered by the ... - Σελίδα 120
των William Richardson - 1838 - 158 σελίδες
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The Practice of the High Court of Chancery, Under the New Orders ..., Τόμος 1

Harding Grant - 1829 - 632 σελίδες
...for any other purpose : but now, by Order XV. of the " New Orders," of April 1828, it is directed, " that after a replication has been filed, the plaintiff...permitted to withdraw it, and to amend the bill, without the special order of the Court for that purpose, made upon a motion of which notice has been given,...

The Practice of the High Court of Chancery: To which is Added a ..., Τόμος 1

Esq. John Newland - 1830 - 842 σελίδες
...plaintiff had undertaken to speed the cause. (c) But by the 15th of the General Orders of 1828, after replication has been filed, the plaintiff shall not...special order of the court for that purpose, made upon motion, of which notice has been given ; the court being satisfied, by affidavits, (a) Andree v. ,...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1839 - 576 σελίδες
...Court shall in the meantime on special motion make order to the contrary. Withdrawing Replication. III. That after a replication has been filed, the plaintiff shall not be permitted to withdraw it and amend the bill without special motion, supported by affidavit, stating the substance of the proposed...

Reports of Some Cases Adjudged in the Courts of the Lord Chancellor ..., Τόμος 1

Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 720 σελίδες
...the answers had become sufficient. Stewart v. Service, 1 Lloyd & Goold, tempore Plunket, 303. ORDER 15.—" That after a replication has been filed the...special order of the Court for that purpose, made " upon motion, of which notice has been given ; the Court being " satisfied by affidavit that the matter of...

A Treatise on the Practice of the Court of Chancery: With an ..., Τόμος 1

John Sidney Smith - 1842 - 766 σελίδες
...answer and afterwards withdrawing his replication and amending his bill. By the 15 NO it is ordered, that after a replication has been filed the plaintiff...*special order of the Court for that purpose, made [ *326 ] upon a motion, of which notice has been given ; the Court being satisfied by affidavit that...

The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in ...

George Goldsmith - 1843 - 118 σελίδες
...0. afier a replication had been filed the plaintiff was not permitted to withdraw it and amend his bill without a special order of the court for that purpose made upon motion, of which notice had been given ; the court being satisfied by affidavit r .,.„. -• that...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 42

United States. Supreme Court - 1843 - 460 σελίδες
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...

Commentaries on Equity Pleadings, and the Incidents Thereof: According to ...

Joseph Story - 1844 - 970 σελίδες
...payment of costs, as the Court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his Bill, except upon a special order of a judge of the Court, upon motion or petition, after due notice...

A Treatise on the Practice of the High Court of Chancery: With Some ..., Τόμος 1

Edmund Robert Daniell - 1845 - 566 σελίδες
...however been removed by the fifteenth of Lord Lyndhurst's orders, by which it has been ordered that afier replication has been filed, the plaintiff shall not...notice has been given, the Court being satisfied by affiilaml that the matter of the proposed amendment is material^ and could not with reasonable diligence...

Reports of Cases Decided in the High Court of Chancery: By the ..., Τόμος 13

Great Britain. Court of Chancery - 1846 - 730 σελίδες
...and signed by counsel, and that they are material to the Plaintiff's case. The 151h Order prescribes that, after a replication has been filed, the Plaintiff shall not be permitted to withdraw it and amend his bill, •without a special order made on a motion, with notice, and supported by affidavit...




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