 | Frederick Miles Van Heythuysen - 1828 - 554 σελίδες
...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... | |
 | 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,... | |
 | Great Britain. Court of Chancery, James Russell - 1829 - 724 σελίδες
...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... | |
 | 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...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.... | |
 | 1830 - 1076 σελίδες
...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... | |
 | 1843 - 602 σελίδες
...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... | |
 | 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... | |
 | Edmund Robert Daniell - 1837 - 864 σελίδες
...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... | |
 | William Richardson - 1838 - 168 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... | |
 | Solomon Atkinson - 1842 - 580 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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... 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... 
