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" ... judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not... "
Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ... - Σελίδα 398
των Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 676 σελίδες
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The Equity Draftsman: Being a Selection of Forms of Pleading in ..., Τόμος 1

Edward Hughes - 1828
...been made. Every order to amend to contain an undertaking to amend within 3 weeks. Vide No. XIX. XV. THAT after a replication has been filed, the plaintiff...special order of the Court for that purpose, made upon a motion of which notice has been given ; the Court being satisfied by affidavit that the matter of...

The Practice of the High Court of Chancery, Under the New Orders ..., Τόμος 1

Harding Grant - 1829
...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,...

Reports of Cases Argued and Determined in the High Court of ..., Τόμος 2

James Russell, John Scott Earl of Eldon, John Singleton Copley Baron Lyndhurst - 1829
...has been filed the Plaintiff Amendment shall not be permitted to withdraw it and to amend ca ti 0 n. the bill without a special order of the Court for that purpose, made upon a motion, of which notice has been given; the Court being satisfied by affidavit that the matter of...

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

Esq John Newland - 1830
...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...notice has been given ; the court being satisfied, by affidavits, (a) Andree v. , 2 (b) Lord Kilcourcy v. Leyf Dick. 768; Blount v. Johnson, 4 Mad. 212....

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

1830
...which the motion to dismiss is made. (1) The fifteenth order provides, " That, after a replication lias been filed, the plaintiff shall not be permitted to...special order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of...

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

1843
...because the same are considered to be material to the case of the plaintiff." The 15th Order states, "that after a replication has been filed, the plaintiff...special order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied, by affidavit, that the matter...

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

1839
...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...

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

Edmund Robert Daniell - 1837
...has been ordered that after replication has been filed, be as special ; ^ie p]ajnt;£f sjiau not j,e permitted to withdraw it and to amend the bill, without...special order of the Court for that purpose made upon a motion of which notice has been given, the Court being satisfied by affidavit that the matter of...

An Epitome of the Practice of the High Court of Chancery: As Altered by the ...

William Richardson - 1838 - 158 σελίδες
...dismiss the bill fpr want of prosecution, stand in the same situation as if such Order had not been made. 15. — That after a replication has been filed the...special Order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of...

Practice of the Court of Chancery: With an Appendix, Containing All the ...

Solomon Atkinson - 1842 - 412 σελίδες
...the bill for want of prosecution, stand in the same situation as if such order had not been made. XV. That after a replication has been filed the plaintiff...special order of the Court for that purpose, made upon a motion, of which notice has been given; the Court being satisfied by affidavit that the matter of...




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